Section 880-X-11E-.05 - Procedure For Assessment Of Individual Civil Penalty (Alabama Administrative Code)

§ 880-X-11E-.05. Procedure For Assessment Of Individual Civil Penalty

(1) Notice. The Alabama Surface Mining Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(2) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Alabama Surface Mining Commission 30 days after service upon the individual unless:

(a) The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Division of Hearings and Appeals in accordance with 880-X-5A-.06; or

(b) The Alabama Surface Mining Commission and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(3) Service. For purposes of this section, service is sufficient if it would satisfy Section 880-X-5A-.08.

(Original Filed November 14, 1989; effective: March 7, 1991.)

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, § 9-16-94.

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