Section 880-X-5A-.26 - Contents Of Petition To Division Of Hearings And Appeals (Alabama Administrative Code)

§ 880-X-5A-.26. Contents Of Petition To Division Of Hearings And Appeals

(1) The petition shall include:

(a) A concise statement indicating why a penalty, fact of violation, or other ruling by the Regulatory Authority is being contested;

(b) If applicable, an identification by number of all violations being contested and a copy of any notice or order or violation sought to be reviewed;

(c) If applicable, a request for specific relief.

(d) A statement as to whether the person requests or waives the opportunity for an evidentiary hearing; and

(e) Any other necessary and relevant information.

(2) In any appeal or review of proposed assessments of civil penalties the petition shall be accompanied by:

(a) Full payment of the proposed assessment in the form of a certificate of deposit payable to the "Alabama Surface Mining Commission" to be held in escrow pending final determination of the assessment; and

(b) On the face of the payment an identification by number of the violation(s) for which payment is being tendered.

(c) Failure to make timely payment of the proposed assessment in full as required shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.

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