15A NCAC 02J .0107. PROPOSED ASSESSMENT: ASSESSMENT: MODIFICATION

(a)  For minor violations of a continuing nature a letter of proposed assessment may be sent an alleged violator(s).  The alleged violator(s) will be given up to 20 days from receipt of the letter to cease the violation or to submit reasons in writing why the penalty should not be assessed.  If after 20 days the violation has not been ceased or no response has been received or if a response is not sufficient justification to preclude assessment, the penalty may be assessed from the date of receipt of notice under Paragraph (b) of this Regulation.

(b)  For all violations for which a penalty is assessed a notice of such action shall be sent the respondent by registered mail or certified mail, except that in the case of well construction violations, other means calculated to provide actual notice may also be used.  The notice will describe the violation with reasonable particularity, advise that the penalty is due, and advise the respondent of the rights of appeal as specified in Regulation .0008 of this Subchapter.

(c)  The Director may modify a penalty to a lower amount upon finding that additional or different facts should be or should have been considered in determining the amount of assessment.

 

History Note:        Authority G.S. 87‑87; 87‑94; 143‑215.3(a)(1); 143‑215.6(a);

143‑215.17(b); 143‑215.36(b); 143‑215.91(a); 143‑215.114(a);

Eff. February 1, 1976;

Amended Eff. May 1, 1986.