Ala. Admin. Code r. 880-X-11D-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-11D-.11 - Request For Hearing

(1) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition to the DHA and an amount equal to the proposed penalty in the form of a Certificate of Deposit which meets the requirements of Rule 880-X-9C-.03(6), (c), (e), (f), and (g), if a conference has been held, the reassessed or affirmed penalty to the State Regulatory Authority (to be held as provided in Paragraph (2)) within 30 days from receipt of the proposed assessment or re-assessment or 30 days from the date of service of the conference officer's action, whichever is later. The fact of the violation may not be contested, if it has been decided in a review proceeding commenced under Rule 880-X-11C-.07 in accordance with Chapter 880-X-5.

(2) The State Regulatory Authority shall hold all Certificates of Deposit submitted under Paragraph (1) pending completion of the administrative and judicial review process, at which time it shall make the appropriate disbursement.

Author: Randall C. Johnson

Ala. Admin. Code r. 880-X-11D-.11

Filed May 20, 1982. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.

On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 76, 79, 80, 92, 93, 94.