Current through Register Vol. 41, No. 3, September 23, 2024
(a) The division shall arrange for a
conference to review the proposed assessment or reassessment, upon written
request of the person to whom notice or order was issued, if the request is
received within 30 days from the date the proposed assessment or reassessment
is served.
(b)
(1) The division shall assign a conference
officer to hold the assessment conference. The assessment conference shall be
conducted as an informal proceeding in accordance with § 2.2-4019 of the
Code of Virginia. The assessment conference shall be held within 60 days from
the date the conference request is received or the end of the abatement period,
whichever is later. Provided that a failure by the division to hold such
conference within 60 days shall not be grounds for dismissal of all or part of
an assessment unless the person against whom the proposed penalty has been
assessed proves actual prejudice as a result of the delay.
(2) The division shall post notice of the
time and place of the conference at the division's office in Big Stone Gap or
field office located closest to the mine at least five days before the
conference. Any person shall have a right to attend and participate in the
conference.
(3) The conference
officer shall consider all relevant information on the violation. Within 30
days after the conference is held, the conference officer shall either:
(i) Settle the issue, in which case a
settlement agreement shall be prepared and signed by the division and by the
person assessed; or
(ii) Affirm,
raise, lower, or vacate the penalty.
(4) An increase or reduction of a proposed
civil penalty assessment of more than 25% and more than $500 shall not be final
and binding on the division, until approved by the director or his
designee.
(c) The
division shall promptly serve the person assessed with a notice of the
conference decision in the manner provided in 4VAC25-130-845.17 (b) and shall
include a worksheet if the penalty has been raised or lowered. The reasons for
the conference officer's action shall be fully documented in the
file.
(d)
(1) If a settlement agreement is entered
into, the person assessed 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 shall
contain a clause to this effect.
(2) If full payment of the amount specified
in the settlement agreement is not received by the division within 30 days
after that date of signing, the division may enforce the agreement or rescind
it and proceed according to subdivision (b)(3)(ii) of this section within 30
days from the date of the rescission.
(e) The conference officer may terminate the
conference if it is determined that the issues cannot be resolved or that the
person assessed is not diligently working toward resolution of the
issues.
(f) At any formal review
proceedings under §§ 45.2-1020, 45.2-1021, and 45.2-1025 of the Act,
no evidence as to statements made or evidence produced by one party at a
conference shall be introduced as evidence by another party or to impeach a
witness.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
