Ga. Comp. R. & Regs. R. 616-1-2-.40 - Civil Penalties Requested by the Department of Natural Resources
(1) Whenever an
official within the Department of Natural Resources ("DNR Official") seeks the
imposition of civil penalties, the DNR Official shall file a petition with the
Clerk, which shall contain:
(a) a statement of
the legal authority and jurisdiction under which the contested case is
commenced;
(b) a statement
indicating each specific section, subsection, or paragraph, if applicable, of
the laws or regulations allegedly violated;
(c) a short and plain statement of the facts
asserted as the basis of the alleged violation(s); and
(d) the amount of civil penalty sought to be
imposed.
(2) The petition
shall be accompanied by a summons directed to each person from whom civil
penalties are sought, which shall contain the name of the Court, the name and
address of counsel for the DNR Official, and a summary of the requirements of
paragraph (4) of this Rule.
(3)
Upon the filing of the petition and summons, the Clerk shall sign and deliver
the summons to the DNR Official for service. Each summons shall have a copy of
the petition attached, and the DNR Official shall serve the summons and
petition by certified mail or personal service. A return of service for each
summons and petition shall be filed with the Clerk promptly after
service.
(4) A response to the
petition shall be filed with the Clerk and served upon the DNR Official within
thirty (30) days of service of the summons and petition. The response shall
address all factual allegations set forth in the petition and shall include any
affirmative defenses. Any allegations of fact contained in the petition shall
be deemed admitted unless they are specifically denied, or unless it is stated
that there is a lack of knowledge or information sufficient to form a belief as
to the truth of the allegations.
Notes
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