Louisiana Administrative Code › Title 51 - PUBLIC HEALTH-SANITARY CODE › Part XII - Water Supplies › Chapter 5 - Civil Penalty Assessment Rule [formerly appendix A] › Section XII-507 - Payment of Penalty/Ability to Request Mitigation of Penalty and/or Adjudicatory Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				[formerly section 4.1 of paragraph IV of appendix A] At the discretion of the
				state health officer, notice(s) imposing penalty assessments may be issued from
				time to time subsequent to either initial non-compliance with any provision of
				the administrative compliance order or subsequent to any continuance or
				reoccurrence of non-compliance while the administrative compliance order
				remains effective. Notices of imposition of penalties shall be served by one of
				the forms of service described in §503. A.1 of this Part or hand-delivered.
				Within the notice imposing the penalty assessment, the state health officer
				will inform the owner and/or operator of the public water system of the ability
				to apply for mitigation of the penalties imposed and for the opportunity for an
				adjudicatory hearing on the record relative to contesting the imposition of the
				penalty assessment. Penalties shall not be imposed upon any person without
				notice and opportunity for hearing.
B. [formerly section 4.2 of paragraph IV of
				appendix A] Once a penalty assessment is imposed, it shall become due and
				payable 35 days after receipt of notice imposing the penalty unless a written
				application for mitigation or a written request for an adjudicatory hearing on
				the record relative to contesting the imposition of the penalty assessment is
				received by the state health officer within 20 days after said notice is
				served. In order to show proof and date of service, the person applying for
				mitigation or an adjudicatory hearing shall transmit the written application
				for mitigation or written request for hearing to the agency in the same manner
				as described in §503. A 1, 2, or 3 of this Part.
C. [formerly section 4.3 of paragraph IV of
				appendix A] Upon receipt of a written application for mitigation of such
				penalty, the state health officer may mitigate the penalty, i.e., upon proof
				that all of the stipulations in the administrative order have now been complied
				with or upon agreement to and compliance with a Stipulation and Agreed Order
				setting out the conditions which will mitigate the penalty. The accompanying
				guidelines referenced in §505. D.2 of this Part shall also contain guidance for
				the state health officer when considering the amount of mitigation of the
				imposed penalty. When the amount of the penalty imposed is from $1,000 up to
				$5,000, the state health officer shall not mitigate the penalty below $500.
				When the amount of the penalty imposed is less than $1000, the state health
				officer shall not mitigate the penalty below one-half of the imposed penalty
				amount. The penalty shall become due and payable 35 days after mailing of
				notice setting forth the final disposition of the application for mitigation,
				unless:
1. an application for an adjudicatory
				hearing to contest the disposition is received within 20 days after the date of
				mailing the disposition notice; or
2. the state health officer specifies a
				different payment schedule within the disposition notice.