Section 880-X-11E-.06 - Payment Of Penalty (Alabama Administrative Code)

§ 880-X-11E-.06. Payment Of Penalty

(1) No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(2) Appeal. If an individual named in a notice of proposed individual civil penalty assessment files a petition for review in accordance with 880-X-5A, the penalty shall be due upon issuance of a final administrative order affirming, increasing or decreasing the proposed penalty.

(3) Abatement agreement. Where the Alabama Surface Mining Commission and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Alabama Surface Mining Commission stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.

(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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