§ 14-34-16-4 — Order to pay penalty; hearing

Indiana § 14-34-16-4

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 16: Penalties

Text

(a) Upon the issuance of a notice or an order
charging that a violation of IC 13-4.1 (before its repeal) or this article
has occurred, the director shall, within thirty (30) days, do the
following:
(1) Inform the permittee of the amount of penalty assessed.
(2) Issue an order to the permittee to pay the penalty.
(b) The permittee has thirty (30) days from receipt of the order to:
(1) pay the penalty; or
(2) request a hearing to contest the amount.
(c) If the permittee requests a hearing, the permittee shall forward
an amount equal to the assessed penalty to the director, who shall place
the amount in an escrow account. A permittee who desires to contest
the violation or amount of penalty assessed but fails to forward the
amount to the director waives all legal rights to contest the violation or
amount of penalty assessed.
(d) If it is determined at the hearing that the civil penalty is
appropriate, the commission shall issue to the permittee a written
decision and an order to pay the penalty within thirty (30) days of
receipt of the order.
(e) If, through administrative or judicial review of the assessed
penalty:
(1) it is determined that a violation did not occur; or
(2) the amount of penalty is reduced;
the director shall, within thirty (30) days of the decision, remit the
appropriate amount to the permittee with interest at the rate of eight
percent (8%) per year.
(f) A civil penalty under this section is subject to an administrative
adjudication under IC 4-21.5.
[Pre-1995 Recodification Citation: 13-4.1-12-1(d).]

Legislative History

As added by P.L.1-1995, SEC.27. Amended by P.L.92-2025, SEC.60.