Rule 391-3-28-.12 - PenaltiesThe Division shall have the authority to receive and collect all repayment penalties paid pursuant to this article and to transfer same to the Authority for inclusion in the drought protection funds;
(a) A repayment penalty in the amount of three times the dollar amount of payments received from the drought protection funds shall be paid by any person who irrigates in violation of an agreement entered into in accordance with Rule 391-3-28-.08 or in violation of an order issued by the Director in accordance with Rule 391-3-28-.10. Such penalties may be assessed on a per violation basis. A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order.(b) Within 30 days after discovery that a Permittee violated an agreement entered into pursuant to Rule 391-3-28-.08 or an order issued by the Director in accordance with Rule 391-3-28-.10, the Director shall send via certified mail a notice of violation to the Permittee stating: (1) The date on which the violation occurred;(2) The facts constituting the violation and a statement that such facts will be deemed admitted unless denied by petition for hearing; and(3) The total dollar amount of repayment penalties owed by the Permittee, together with a demand that said amount be paid in full within 30 days of the Permittee's receipt of the notice.(c) A Permittee receiving a notice of violation pursuant to this Chapter shall have 30 days from receipt thereof either to pay in full the total amount of repayment penalties set forth in the notice or to submit a petition challenging such notice to the Director. If a petition is filed within the required time, then a hearing shall be conducted with respect to same in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations applicable thereto.(d) If a Permittee receiving a notice of violation pursuant to this Chapter does not either pay the total amount of repayment penalties or submit a petition challenging the notice, then the facts set out in the notice shall be deemed admitted and the Director shall issue an order to the Permittee, assessing the total repayment penalties due from the Permittee as set forth in the notice of violation and requiring payment of same within 30 days of issuance of the order. Any order issued by the Director pursuant to this subsection shall be deemed final, and no hearing or appeal may be taken.Ga. Comp. R. & Regs. R. 391-3-28-.12
O.C.G.A. Sec. 12-5-540et seq.
Original Rule entitled "Violations" adopted. F. Jan. 20, 2006; eff. Feb. 9, 2006.Repealed: New Rule entitled "Penalties" adopted. F. June 23, 2006; eff. July 13, 2006.