R645-402-400. Procedure for Assessment of Individual Civil Penalty  


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  • 410. Notice. The assessment officer will 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.

    420. Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Division 30 days after service upon the individual unless:

    421. The individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the board; or

    422. The Division 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.

    430. Service. Service of notice under R645-402-400 will satisfy the standard of the R641 Rules of the board.