SECTION 17.8. Request for Hearing

(a) An owner or operator, lienholder, or interested party who disagrees with the findings or requirements of the notice or any penalty, and who wishes to request a hearing for reconsideration or redetermination by the agency of the findings, requirements, or penalty, shall file with the agency a request for hearing and a statement of grounds as described in §17.3 of this title (relating to Filing of Documents) and §17.9 of this title (relating to Statement of Grounds).

(b) If the owner or operator charged consents to the deputy commissioner's recommendation, or if the owner or operator, lienholder, or interested party fails to request a hearing within 30 days after receipt of notice of the findings, requirements, and/or penalty, the commissioner shall issue an order consistent with the provisions in the notice required by §17.7 of this title (relating to Initiation of General Land Office Action). The commissioner shall serve written notice of the final order to the owner or operator and lienholders. The owner or operator charged must comply with the order and pay any penalty assessed.

(c) A request for hearing must be filed in a timely manner regardless of any extension of time granted for the filing of a statement of grounds.

Source Note: The provisions of this §17.8 adopted to be effective April 22, 1992, 17 TexReg 2472.