Section 312 IAC 25-7-21 - Civil penalties; final assessment and paymentAuthority: IC 14-34-2-1
Affected: IC 14-34
Sec. 21.
(a) If the operator fails to request a hearing as provided in section 20 of this rule, the proposed assessment shall become a final order of the director and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.(b) If any party requests judicial review of a final order of the director, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to subsection (c), the escrow funds shall be transferred to the director in payment of the penalty and the escrow shall end.(c) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under sections 13 through 20 of this rule and this section, the director shall, within thirty (30) days of receipt of the order, refund to the person assessed all or part of the escrowed amount, with interest from the date of payment into escrow to the date of the refund at the rate of six percent (6%), or at the prevailing United States Department of the Treasury rate, whichever is greater.(d) Where final review results in an order increasing the penalty, the operator shall pay the difference to the director within thirty (30) days after the order is mailed to such operator.Natural Resources Commission; 312 IAC 25-7-21; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3601, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA