§ 880-X-11D-.12. Final Assessment And Payment Of Penalty
(1) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in Rule 880-X-11D-.11, the proposed assessment shall become a final order of the State Regulatory Authority and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.
(2) If any party requests judicial review of a final order of the State Regulatory Authority, the Certificate of Deposit shall continue to be held until completion of the review. Otherwise, the Certificate of Deposit shall be deemed payment of the penalty.
(3) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this Rule, the State Regulatory Authority shall within 30 days of receipt of the order refund to the person assessed all or part of the funds represented by the Certificate of Deposit including all or the pro rata share of interest accrued by the Certificate of Deposit.
(4) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the State Regulatory Authority within 15 days after the order is mailed to such person.
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.
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