Title: Section 516.4 - Notification and hearings.

516.4 Notification and hearings. (a) Notice of proposed agency action. (1) When the department determines to impose a penalty under this Part, the department must first send the person a written notice of proposed agency action.

(i) The notice must be mailed to the person's designated payment address or correspondence address or last known address.

(ii) The notice must state the amount of the penalty, the alleged violation, the legal authority for the action, and the facts which support the conclusion that a violation has occurred.

(iii) The notice must afford the person the opportunity to submit documentation or written arguments objecting to the proposed action within 30 days of receipt of the notice. The notice must state that the failure to object within the time provided may result in the adoption of the proposed action as the final action and that, pursuant to section 519.18 of this Title, the issues to be addressed at an administrative hearing will be limited to those matters contained in any objection to the proposed action.

(2) Any documentation or written arguments submitted by a person objecting to the proposed agency action must be mailed within 30 days of receipt of the notice which will be presumed in the absence of evidence to the contrary to be five days after the date on the notice of proposed agency action. The objections must include a written statement detailing the specific items in the notice of proposed agency action to which the person objects.

(b) Notice of agency action. (1) If, after its review, the department determines to impose the monetary penalty, it will send a written notice of agency action advising the person of the final determination at least 20 days before the action becomes effective.

(i) The notice must be mailed to the person's designated payment address or correspondence address or last known address.

(ii) The notice must state the amount of the penalty, the alleged violation, the legal authority for the action and the facts which support the conclusion that a violation has occurred. The notice must also state the effective date of the penalty and provide information concerning the right to a hearing.

(c) Where a person timely requests a hearing to review the imposition of a penalty, such hearing must be conducted pursuant to the provisions of Part 519 of this Title.

 

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VOLUME C (Title 18)

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