(a) The department's findings following an informal
hearing, or its determination following a settlement conference, may
be appealed to the State Office of Administrative Hearings by submitting
a request by mail, facsimile, or electronic mail, to the department
in the manner provided on the department's Metal Recycling Program
website, within thirty (30) calendar days after receipt of the findings
or determination.
(b) In a case before State Office of Administrative
Hearings, failure of the respondent to appear at the time of hearing
shall entitle the department to request from the administrative law
judge an order dismissing the case from the State Office of Administrative
Hearings docket and to informally dispose of the case on a default
basis.
(c) In cases brought before State Office of Administrative
Hearings, in the event the respondent is adjudicated as being in violation
of the Act or this chapter after a trial on the merits, the department
has authority to assess the actual costs of the administrative hearing
in addition to the penalty imposed. Such costs include, but are not
limited to, investigative costs, witness fees, deposition expenses,
travel expenses of witnesses, transcription expenses, or any other
costs that are necessary for the preparation of the department's case.
The costs of transcriptions and preparation of the record for appeal
shall be paid by the respondent.
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