SECTION 12.698. Procedure for Assessment of Civil Individual Penalty

(a) Notice. The Commission shall serve on each individual to be assessed an individual civil penalty a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(b) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the Commission 30 days after service upon the individual unless:

(1) the individual files within 30 days of service of the notice of proposed individual civil penalty assessment a request for a hearing in accordance with §12.693 of this title (relating to Request For Hearing); or

(2) the Commission and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure, or refusal.

(c) Service. For purposes of this section, service shall be performed on the individual to be assessed an individual civil penalty by certified mail, or by any alternative means consistent with the rules governing service of a summons and complaint under Texas Rules of Civil Procedure 21a. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.

Source Note: The provisions of this §12.698 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.