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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER LPERMANENT PROGRAM INSPECTION AND ENFORCEMENT PROCEDURES
DIVISION 4INDIVIDUAL CIVIL PENALTIES
RULE §12.699Payment of Penalty

(a) No abatement or appeal. If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a petition for review or abatement agreement, the penalty shall be due upon issuance of the final order.

(b) Requests for appeal. If an individual named in a notice of proposed individual civil penalty assessment files a request for a hearing in accordance with §12.693 of this title (relating to Request for Hearing), the penalty shall be due upon the issuance of a final order affirming, increasing, or decreasing the proposed penalty.

(c) Abatement agreement. Where the Commission and the corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, an individual named in a notice of proposed individual civil penalty assessment may postpone payment until receiving either a final order from the Commission stating that the penalty is due on the date of such final order, or written notice that abatement or compliance is satisfactory and the penalty has been withdrawn.


Source Note: The provisions of this §12.699 adopted to be effective April 7, 1997, 22 TexReg 3093.

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