New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1808 - Hearings And Enforcement Actions
Compliance and Enforcement
Section 1808.15 - Show cause proceeding
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1808.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The executive director may issue an order requiring an alleged violator to show cause why a penalty should not be assessed in accordance with the provisions of this Chapter and section 15.17 of the compact. The order to the alleged violator shall:
(1) specify the nature and
duration of violation(s) that is alleged to have occurred;
(2) set forth the date by which the alleged
violator must provide a written response to the order;
(3) identify the civil penalty recommended by
commission staff.
(b) The written response by the project sponsor should include the following:
(1) a statement whether the project sponsor
contests that the violations outlined in the order occurred;
(2) if the project sponsor contests the
violations, then a statement of the relevant facts and/or law providing the
basis for the project sponsor's position;
(3) any mitigating factors or explanation
regarding the violations outlined in the order; and
(4) a statement explaining what the
appropriate civil penalty, if any, should be utilizing the factors at section
1808.16 of this Part.
(c) Based on the information presented and any relevant policies, guidelines or law, the executive director shall make a written finding affirming or modifying the civil penalty recommended by commission staff.
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