15A NCAC 02J .0109        TENDERS OF PAYMENT: REMISSION/MITIGATION: HEARING REQUEST

The Director will accept and acknowledge all tenders of payment on behalf of the Commission.  Requests for remission or mitigation will be presented to the Commission and the respondent will be allowed the opportunity to present its request only when the respondent and director stipulate that no facts are in dispute, or where the respondent waives his right to an administrative hearing.  If the respondent and director do not make such a stipulation and the respondent does not waive his right to a hearing, one will be held.  In such case and where a hearing is requested, it shall be held in accordance with Section .0300, Subchapter 2I of this Chapter.  Except, that in the case of request for a hearing where a civil penalty has been assessed for a dam safety violation pursuant to G.S. 143‑215.36(b), the hearing shall be held in accordance with Section .0400, Subchapter 2K of this Chapter.

 

History Note:        Authority G.S. 143‑215.3(a)(1),(3);

Eff. February 1, 1976;

Amended Eff. June 15, 1980; May 31, 1979.