25 Pa. Code § 86.202 - Final action
(a) The person
charged with the violation may contest the penalty assessment by filing an
appeal with the EHB, including with the appeal an amount equal to the assessed
penalty-to be held in escrow as provided in subsection (b)-within 30 days from
receipt of the assessment or reassessment. Payment under this section shall be
cash in the form of certified check, treasurer's check, bank check or cashier's
check. In the alternative, a person may file with the appeal an appeal bond in
the amount of the assessed civil penalty. The bond shall be executed by a
surety who is licensed to do business in this Commonwealth and who is otherwise
satisfactory to the Department.
(b)
The EHB will transfer the funds submitted under subsection (a) to the Office of
the Comptroller of the Department which will hold them in escrow pending
completion of the administrative and judicial review process, at which time it
will disburse them as provided in §
86.203 (relating to final
assessment and payment of penalty).
(c) An appeal from a penalty assessment will
not be deemed to be perfected unless a properly executed appeal bond or cash
equal to the full amount of the assessed penalty is received by the EHB within
30 days of the appellant's receipt of the assessment or reassessment.
(d) A person may challenge either the fact of
the violation or the amount of the penalty once an appeal of that issue has
been perfected. In either challenge, the appellant will be bound as to actions
of the Department which have become final under section 4 of the Environmental
Hearing Board Act (35 P. S. §
7514). A
final action includes a compliance order which has become final, even though
the order addresses the same violation for which a civil penalty is
assessed.
Notes
This section cited in 25 Pa. Code § 86.203 (relating to final assessment and payment of penalty).
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