25 Pa. Code § 86.201 - Procedures for assessment of civil penalties
(a) Within 15 days of service of a notice of
violation or order, the person to whom it was issued may submit written
information about the violation to the Department and to the inspector who
issued the order. The Department will consider any information so submitted in
determining the facts surrounding the violation and amount of the
penalty.
(b) The Department will
serve a copy of the civil penalty assessment on the person responsible for a
violation. This assessment will be served within the time set forth in the
applicable statute of limitations. Service will be by registered or certified
mail, or by personal service. If the mail is tendered at the address of that
person in the sign required under Chapter 87, 88, 89 or 90, or at an address at
which that person is in fact located, and the person refuses to accept delivery
ofor to collect mail, the requirements of this subsection shall be deemed to
have been complied with upon the tender.
(c) The Department may, upon its own motion,
or will, upon written request of the person to whom the assessment was issued,
arrange for a conference to review the assessment.
(d) Requirements for assessment conferences
are as follows:
(1) The Department will assign
a representative to hold the assessment conference. The assessment conference
will not be governed by requirements for formal adjudicatory hearings, and may
be held at any time at the convenience of the parties.
(2) The Department will post notice of the
time and place of the conference at the regional or district office closest to
the mine at least 5 days before the conference. Any person shall have a right
to attend and participate in the conference.
(3) The Department will consider all relevant
information on the violation. After the conference is held the Department may
do one of the following:
(i) Settle the
issues, in which case a settlement agreement shall be prepared and signed by
appropriate representatives of the Department and the person
assessed.
(ii) Affirm, raise, lower
or vacate the penalty.
(e) The Department representative may
terminate the conference when the representative determines that the issues
cannot be resolved or that the person assessed is not diligently working toward
resolution of the issues.
(f) At
formal review proceedings under §
86.202 (relating to final action)
no evidence as to statements made or evidence produced by one party at a
conference shall be introduced as evidence by another party or to impeach a
witness.
(g) The time for appeal
from an assessment will not be stayed by the request for or convening of an
assessment conference.
Notes
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