Rule 616-1-2-.40 - Civil Penalties Requested by the Department of Natural Resources(1) Whenever an official within the Department of Natural Resources ("DNR Official") seeks the imposition of civil penalties, the DNR Official shall file a petition with the Clerk, which shall contain:(a) a statement of the legal authority and jurisdiction under which the contested case is commenced;(b) a statement indicating each specific section, subsection, or paragraph, if applicable, of the laws or regulations allegedly violated;(c) a short and plain statement of the facts asserted as the basis of the alleged violation(s); and(d) the amount of civil penalty sought to be imposed.(2) The petition shall be accompanied by a summons directed to each person from whom civil penalties are sought, which shall contain the name of the Court, the name and address of counsel for the DNR Official, and a summary of the requirements of paragraph (4) of this Rule.(3) Upon the filing of the petition and summons, the Clerk shall sign and deliver the summons to the DNR Official for service. Each summons shall have a copy of the petition attached, and the DNR Official shall serve the summons and petition by certified mail or personal service. A return of service for each summons and petition shall be filed with the Clerk promptly after service.(4) A response to the petition shall be filed with the Clerk and served upon the DNR Official within thirty (30) days of service of the summons and petition. The response shall address all factual allegations set forth in the petition and shall include any affirmative defenses. Any allegations of fact contained in the petition shall be deemed admitted unless they are specifically denied, or unless it is stated that there is a lack of knowledge or information sufficient to form a belief as to the truth of the allegations.Ga. Comp. R. & Regs. R. 616-1-2-.40
O.C.G.A. § 50-13-40.
Original Rule entitled "Petitions for Civil Penalties in Department of Natural Resources' Matters" adopted. F. June 30, 1995; eff. July 20, 1995.Repealed: New Rule entitled "Civil Penalties Request by the Department of Natural Resources" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: New title "Civil Penalties Requested by the Department of Natural Resources." F. June 22, 2020; eff. July 12, 2020.