La. Admin. Code tit. 43 § XV-6919

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

Section XV-6919 - Final Assessment and Payment of Penalty

A. If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in §6917, the proposed assessment shall become a final order of the commissioner and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

B. If any party requests judicial review of a final order of the commissioner, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to §6919 C, the escrow funds shall be transferred to the office in payment of the penalty, and the escrow shall end.

C. If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this Chapter, the office shall within 30 days of receipt of the order refund to the person assessed all or part of the escrowed amount, with interest from the date of payment into escrow to the date of the refund at the rate of 6 percent per annum.

D. If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the office within 15 days after the order is mailed to the person.

La. Admin. Code tit. 43, § XV-6919

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

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