Sec. 4. (a) Upon the issuance of a notice or an order charging that a violation of IC 13-4.1 (before its repeal) or this article has occurred, the director shall, within thirty (30) days, do the following:

(1) Inform the permittee of the amount of penalty assessed.

(2) Issue an order to the permittee to pay the penalty.

     (b) The permittee has thirty (30) days from receipt of the order to:

(1) pay the penalty; or

(2) request a hearing to contest the amount.

     (c) If the permittee requests a hearing, the permittee shall forward an amount equal to the assessed penalty to the director, who shall place the amount in an escrow account. A permittee who desires to contest the violation or amount of penalty assessed but fails to forward the amount to the director waives all legal rights to contest the violation or amount of penalty assessed.

     (d) The commission:

(1) shall conduct the hearing in accordance with IC 4-21.5-3; and

(2) may consolidate this hearing with a hearing conducted under IC 14-34-15 if appropriate.

     (e) If it is determined at the hearing that the civil penalty is appropriate, the commission shall issue to the permittee a written decision and an order to pay the penalty within thirty (30) days of receipt of the order.

     (f) If, through administrative or judicial review of the assessed penalty:

(1) it is determined that a violation did not occur; or

(2) the amount of penalty is reduced;

the director shall, within thirty (30) days of the decision, remit the appropriate amount to the permittee with interest at the rate of eight percent (8%) per year.

[Pre-1995 Recodification Citation: 13-4.1-12-1(d).]

As added by P.L.1-1995, SEC.27.