A.  The secretary shall establish criteria for the assessment of reasonably consistent department-wide penalties based upon the factors enumerated in this Subtitle.  If criteria for a particular violation are not established, the secretary or the assistant secretary for the office of environmental compliance shall exercise discretion in applying the factors enumerated in this Subtitle on the basis of available information.

B.(1)  When the assistant secretary determines that a violation has occurred for which an assessment of a penalty is under consideration, the assistant secretary shall notify the respondent.

(2)  The notice shall describe with reasonable specificity the nature of the violation and shall advise the respondent that the assessment of a penalty is under consideration.

(3)  Written comments may be filed with the assistant secretary regarding the alleged violation and a possible penalty.

C.(1)  The assistant secretary may issue a penalty assessment ten days after notice of the violation has been given to the respondent.  The assistant secretary shall notify the respondent of the assessment.

(2)  A notice of penalty shall:

(a)  Describe, with reasonable specificity, the violation that gives rise to the penalty.

(b)  Indicate the amount of the penalty.

(c)  Notify the respondent of the right to an adjudicatory hearing.

D.  The penalty assessment is a final enforcement action when the period of time for filing a request for an adjudicatory hearing lapses without a request being filed.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999.