La. Admin. Code tit. 43 § XV-6779

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-6779 - Determination by the Commissioner

A. The commissioner or his authorized representative shall incorporate in his decision concerning the civil penalty findings of fact on each of the four criteria set forth in §6905. B and conclusions of law.

B. If the commissioner or his authorized representative finds that:

1. a violation occurred or that the fact of violation is uncontested, he shall establish the amount of penalty, but in so doing he shall adhere to the point system and conversion table contained in §6905 and 6907, except that the commissioner or his authorized representative may waive the use of such point system where he determines that a waiver would further abatement of violations of the Act. However, the commissioner or his authorized representative shall not waive the use of the point system and reduce the proposed assessment on the basis of an argument that a reduction in the proposed assessment could be used to abate other violations of the Act;

2. no violation occurred, he shall issue an order that the proposed assessment be returned to the petitioner.

C. If the commissioner or his authorized representative makes a finding that no violation occurred or if the commissioner or his authorized representative reduces the amount of the civil penalty below that of the proposed assessment and a timely petition for review of his decision is not filed, the office shall have 30 days from the expiration of the date for filing a petition if no petition is filed, or 30 days from the date the commissioner refuses to grant such a petition, within which to remit the appropriate amount to the person who made the payment, with interest at the rate of 6 percent per annum.

D. If the commissioner or his authorized representative increases the amount of the civil penalty above that of the proposed assessment, the commissioner or his authorized representative shall order payment of the appropriate amount within 30 days of receipt of the decision.

La. Admin. Code tit. 43, § XV-6779

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 6:296 (June 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.