Md. Code Regs. 26.20.32.02
Current through Register Vol. 51, No. 21, October 18, 2024
Section 26.20.32.02 - ProcedureA. If the requirements of a notice of violation or cessation order are expected to be satisfied within 30 days of issuance, the Bureau will await the conclusion of the matter before instituting civil penalty procedures. If satisfactory compliance has not been achieved by that time the Bureau, in its discretion, may wait a further period, or assess a penalty for the first 30 days only, reserving the ability to impose further assessments until compliance is achieved.B. Civil penalty assessments shall be initiated by sending a Notice of Proposed Assessment, in writing and by certified mail, to the operator. The notice shall contain: (1) A description of the violation for which the penalty is being assessed, including reference to any related notice of violation or cessation order;(2) The amount of penalty proposed to be assessed;(3) The time period covered by the assessment;(4) A statement of the appeal procedures under this chapter; and(5) A work sheet showing the computation of the proposed assessment.C. Service of the Notice of Proposed Assessment is complete upon mailing in accordance with COMAR 26.20.31.08 a.D. Failure by the Bureau to serve any proposed assessment within 30 days of the issuance of a notice of violation or cessation order is not grounds for dismissal of all or part of the assessment unless the person against whom the proposed penalty has been assessed: (1) Proves actual prejudice as a result of the delay; and(2) Makes a timely objection to the delay.E. An objection under §D(2) of this regulation is timely only if made in the normal course of administrative review.Md. Code Regs. 26.20.32.02
Regulations .02 were previously codified as COMAR 08.13.09.41 a A_G, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.