34A-3A-27. Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order.

317 words·~1 min read·/sd/title-34/chapter-34-3/34a-3a-27

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A monetary penalty issued under § 34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The order shall contain a statement that the violator may request a contested case hearing on the violation and penalty pursuant to chapter 1-26 , by filing a written request with the secretary no later than twenty days after the receipt of the order.

The order shall state that a request for contested case hearing must state the specific part or parts of the order being contested along with relevant facts and supporting legal authorities. The secretary shall serve the order and assessment by certified mail. If not contested within twenty days of receipt, an administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of money judgments in chapter 15-18 .

If a hearing is requested, the matter shall be scheduled for a hearing before the secretary or a designee within thirty days from the receipt of the request. The department shall provide notice of the hearing consistent with the provisions of § 1-26-17 . Hearings shall be conducted pursuant to chapter 1-26 . A final determination by the secretary may be appealed to the circuit and Supreme Court as provided in chapter 1-26 . After a final determination, when the time to take an appeal has lapsed, the administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of judgments in chapter 15-18 .