Conn. Agencies Regs. § 16-345-8 - Enforcement proceedings
(a) If the
Authority has reason to believe that a violation has occurred for which a civil
penalty has been established for violations of Chapter 293 of the Connecticut
General Statutes, as provided in section
16-356
of the Connecticut General Statutes, or of any provisions of sections
16-345-1
to
16-345-9,
inclusive, of the Regulations of Connecticut State Agencies, the Authority may
send to the alleged violator by certified mail, return receipt requested, or by
personal service, a notice which shall include:
(1) A reference to the section of the
statute, regulation or order involved;
(2) A short and plain statement of the
matters asserted or charged;
(3) A
statement of the amount of the civil penalties proposed to be imposed after
notice and opportunity for a hearing; and
(4) A statement of the alleged violator's
right to a hearing.
(b)
The alleged violator to whom the notice is addressed may, no later than thirty
(30) days from the date of receipt of the notice, deliver to the Authority a
written application for a hearing. If a hearing is requested then, after a
hearing, and upon a finding that a violation has occurred, the Authority may
issue a final order assessing a civil penalty under this section which is not
greater than the maximum penalty allowed by law and shall be so stated in the
notice. If such a hearing is not so requested, or if such a request is later
withdrawn, then the notice shall, on the first day after the expiration of such
thirty day period or on the first day after the withdrawal of such request for
hearing whichever is later, become a final order of the Authority and the
matters asserted or charged in the notice shall be deemed admitted.
(c) All hearings under this section shall be
conducted pursuant to sections
4-177
to
4-184,
inclusive, of the Connecticut General Statutes. The final order of the
Authority assessing a civil penalty shall be subject to appeal under section
4-183 of
the Connecticut General Statutes. No challenge to a final order of the
Authority assessing a civil penalty pursuant to section
16-345-9
of the Regulations of Connecticut State Agencies shall be allowed as to any
issue which could have been raised by a timely request for a hearing pursuant
to subsection (b) of this section. Any civil penalty authorized by this section
shall become due and payable upon the final decision becoming a final order
pursuant to subsection (b) of this section.
(d) A civil penalty assessed in a final order
of the Authority under this section may be enforced in the same manner as a
judgment of the superior court. The final order shall be delivered to the
respondent by personal service or by certified mail, return receipt
requested.
Notes
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