PROCEDURES
§ 77.301. Procedures for assessment of civil penalties.
(a) Initial review. When the Department determines that a civil penalty will be assessed, it will make an initial review of the violation and will serve a copy of the results of the initial review, including the civil penalty computations, on the party responsible for the violation. The service will be by certified mail within 45 days of the Department’s issuance of the notice of violation or order.
(b) Assessment conference. Upon written request of the person to whom the results of the initial review were sent, the Department will arrange an assessment conference to discuss the results of the initial review, if the request is received within 15 days of the date the results of the initial review were received. The Department may upon its own motion arrange for an assessment conference to discuss the results of the initial review.
(c) Department representative.
(1) The Department will assign a representative to hold the assessment conference. The assessment conference will not be governed by requirements for formal adjudicatory hearings, and it may be held at the convenience of the parties.
(2) The Department will consider relevant information on the violation. After the conference is held, the Department may do one of the following:
(i) Settle the issues, in which case a settlement agreement will be prepared and signed by appropriate representatives of the Department and the person assessed.
(ii) Affirm, raise, lower or vacate the penalty.
(3) The Department representative may terminate the assessment conference when the representative determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.
(d) Service. The Department will serve a copy of the civil penalty assessment on the person responsible for a violation as follows:
(1) Upon the failure of the assessed party to timely request an assessment conference on the results of the initial review.
(2) Upon the completion of an assessment conference, or upon review of timely submitted information for review by the Department, if the Department does not decide to vacate the penalty. The service will be by certified mail, or by personal service. If the mail is tendered at the address of the assessed person set forth on the sign required under § 77.502 (relating to signs and markers), or at an address at which that person is in fact located, and the person refuses to accept delivery of or to collect the mail, the requirements of this paragraph will be deemed to have been complied with upon that tender.
Source The provisions of this § 77.301 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (198720) to (198721).
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