Current through Bulletin 2024-18, September 15, 2024
1. The Division will arrange for a conference
to review the fact of the violation and/or the proposed assessment or
reassessment, upon written request of the permittee or operator, if the request
is received within 30 days from the date the proposed assessment or
reassessment is received by the permittee or operator.
2. Informal Conference Scheduling and
Findings.
2.11. The Division will assign a
conference officer to hold conferences. The conference will be informal. The
conference will be held within 60 days from the date of issuance of the
proposed assessment or the end of the abatement period, whichever is later.
PROVIDED: That a failure by the Division to hold such a conference within 60
days will not be grounds for dismissal of all or part of an assessment unless
the permittee or operator proves actual prejudice as a result of the
delay.
2.12. The Division will
provide notice of the time and place of the conference to the operator or
permittee and post notice of the conference at the main Division office at
least five days before the conference. Any person may attend the
conference.
2.13. The conference
officer will consider all relevant information on the violation. Within 30 days
after the conference is held, the conference officer will either:
2.13.111. Settle the issues, in which case a
settlement agreement will be prepared and signed by the conference officer on
behalf of the Division and by the permittee or operator;
2.13.112. Affirm, raise, lower, or vacate the
penalty; or
2.13.113. Affirm, deny,
modify or vacate the violation.
3. The conference officer will promptly serve
the permittee or operator with a notice of his or her action in the manner
provided in R647-7-105.1, and will include a worksheet if the penalty has been
raised or lowered. The reasons for the conference officer's action will be
fully documented in the file.
4.
Informal Conference Settlement Agreement.
4.11. If a settlement agreement is entered
into, the permittee or operator will be deemed to have waived all rights to
further review of the violation or penalty in question, except as otherwise
expressly provided for in the settlement agreement. The settlement agreement
will contain a clause to this effect.
4.12. If full payment of the amount specified
in the settlement agreement is not received by the Division within 30 days
after the date of signing, the Division may enforce the agreement or rescind it
and proceed according to R647-7-106.2.13.112 within 30 days from the date of
the rescission.
5. The
conference officer may terminate the conference when he or she determines that
the issues cannot be resolved or that the permittee or operator is not
diligently working toward resolution of the issues.
6. At formal review proceedings of the matter
before the Board, no evidence as to statements made or evidence produced by one
party at a conference will be introduced as evidence by another party or to
impeach a witness.
