Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 5 - Permanent Program Performance Standards
Chapter 71 - Individual Civil Penalties
Section XV-7105 - Procedure for Assessment of Individual Civil Penalty

Universal Citation: LA Admin Code XV-7105

Current through Register Vol. 50, No. 9, September 20, 2024

A. Notice. The office 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.

B. Final Order and Opportunity for Review. The notice of proposed individual civil penalty assessment shall become a final order of the commissioner 30 days after service upon the individual unless:

1. the individual files within 30 days of service of the notice of proposed individual civil penalty assessment a petition for review with the Office of Conservation, Surface Mining Section, 625 North Fourth Street, Baton Rouge, Louisiana; or

2. the office 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.

C. Service. For purposes of §7105, service is sufficient if it would satisfy the Louisiana Rules of Civil Procedure for service of a summons and complaint. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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