TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 1845 CIVIL PENALTIES
SECTION 1845.18 PAYMENT OF ASSESSMENT; HEARING REQUEST DEADLINE


 

Section 1845.18  Payment of Assessment; Hearing Request Deadline

 

a)         Within thirty (30) days after receipt of the proposed penalty assessment, the person for whom the proposed penalty was assessed shall either:

 

1)         pay the proposed penalty assessment to the Department; or

 

2)         if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed penalty assessment to the Department, for placement in escrow, together with a request for hearing pursuant to 62 Ill. Adm. Code 1847.5.

 

b)         If through administrative or judicial review, it is determined either that no violation occurred, or that the amount of the penalty should be reduced, the Department shall, within thirty (30) days of such determination, remit the appropriate amount to the person with interest at the rate of six percent (6%) per annum, or at the prevailing United States Department of the Treasury rate, whichever is greater.  Failure to forward the money to the Department within thirty (30) days of receipt of the proposed penalty assessment shall result in a waiver of all legal rights to contest both the fact of the violation and the amount of the penalty.

 

(Source:  Amended at 17 Ill. Reg. 10926, effective July 1, 1993)