Title 18 . Environmental Conservation

Chapter 80 . Administrative Enforcement

Section 1240. Notice of assessment

18 AAC 80.1240. Notice of assessment

(a) If the department does not receive a timely request for reconsideration in accordance with 18 AAC 80.1 230(c) - (d), or if after reconsideration the department determines that the penalty should be assessed, the department will provide to the entity, by personal service or by certified mail, return receipt requested, a written notice of assessment.

(b) In the written notice of assessment under (a) of this section, the department will

(1) include instructions for contesting and appealing the assessment, including instructions substantially as follows: "The entity has 45 days to file a notice with the department contesting the proposed penalty. If, within 45 days after receiving the notice of assessment issued by the department, the entity fails to file a notice contesting the proposed penalty, the proposed penalty is considered a final order not subject to review by the superior court. If the entity contests the proposed penalty by filing a notice with the department, the department will afford an opportunity for a hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340. After an opportunity for a hearing, the department will issue an order, based upon findings of fact, affirming, modifying, or rescinding the administrative penalty.";

(2) include each date of each violation, a list of the regulations, orders, permits, approvals, or certificates violated, the amount of the proposed administrative penalty per day per violation, and the total amount of the proposed penalty; and

(3) inform the entity that the entity may seek an extension of the 45-day period for filing a notice of intent to contest the proposed administrative penalty; the department will describe the requirements of (c)( 1) - (c)(2) of this section.

(c) If the entity notifies the department in writing, within 45 days after receiving the notice of assessment, or within the time period allowed in any extension granted by the department under this subsection, of the intent to contest the proposed administrative penalty, the department will conduct an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340. The department will extend the 45-day period for filing a notice of intent if

(1) the entity requests the extension within the 45-day period; and

(2) the department determines that

(A) the extension is not sought for purposes of delay;

(B) good cause is shown; and

(C) the public is adequately protected.

(d) If the entity does not notify the department in writing, within 45 days after receiving the notice of assessment, or within the time period allowed in any extension granted by the department under (c) of this section, of the intent to contest the proposed administrative penalty, the proposed penalty is considered a final order that is not subject to review by the superior court, and is immediately due to the department. If a penalty is not paid within 30 days after the date that the notice of assessment becomes a final order, the department may bring an action to collect the penalty, interest, and full reasonable attorney fees and costs.

History: Eff. 9/21/2002, Register 163

Authority: AS 46.03.020

AS 46.03.761