SECTION 460:20-63-5. Procedure for assessment of individual civil penalty

(a)   Notice. The Department shall service 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 a 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 Director 30 days after service upon the individual unless:

(1)   The individual files within 30 days of service of the notice proposed individual civil penalty assessment a petition for review with the Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106, according to the Rules of Practice and Procedures.

(2)   The Department 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. The individual civil penalty shall be served on the person to whom it is directed or his or her designated service agent promptly after issuance as follows:

(1)   By tendering a copy to the designated agent or to the individual who, based upon reasonable inquiry, appears to be in charge at the exploration or surface coal mining and reclamation operation.

(2)   As an alternative to paragraph (b)(1) of this Section, service may be made by sending a copy of the notice or Order by certified mail or by hand to the permittee or his or her designated agent. Service shall be complete upon tender of the Notice or Order or of the mail and shall not be deemed incomplete because of refusal to accept.

(d)   Service agent. Designation by any person of an agent for service of notice and Orders shall be made in writing to the Department.

[Source: Amended at 31 Ok Reg 2095, eff 9-12-14; Amended at 36 Ok Reg 1935, eff 9-14-19]