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<br /> <br />insure an opportunity to do so, NOV's which are <br />susceptible of resolution through the assessment <br />process will clog the docket of the Office of <br />Hearings and Appeals. <br />Section 518(c) of the Surface Mining Control and Reclamation <br />Act of 1977, 30 U.S.C. S 1268(c), provides that; <br /> Upon the issuance of a notice or order charging <br /> that a violation of the Act has occurred, the <br /> Secretary shall inform the operator within thirty <br /> day of the proposed amount of said penalty. The <br />...~ / person charged with the penalty shall tin have <br />1I~ <br />C"'" ~~~, <br />{ thirty days to pay the proposed penalty in full <br />~'ft.c/ <br />~~ <br />` or, if the person wishes to contest either the <br />r~^" <br />~ amount of the penalty o© the fact of the viola- <br />''~p ~ /.),~• tion, forward the proposed amount to the Secretary <br />~'' ~~,,f/ emplacement in an escrow account. If through <br />;;~"~,~ administrative or judicial review of the proposed <br />Kr <br />":~ penalty, it is determined that no violation oc- <br />k ~!,.~, curved, or that the amount of the penalty should - <br />_~ <br />~,,- be reduced, the Secretary shall within thirty days <br /> remit the appropriate amount to the person, <br /> * Failure to forward the money to the Secretary <br /> within thirty days shall result in a waiver of all <br /> legal rights to contest the violation or the <br /> amount of the penalty. <br />~T~ <br />I read the above provision as stating that a person charged <br />with a proposed penalty can, within 30 days after notifi- <br />ca ion of t e amount o the proposed penalty, contest either 'N"" <br />the amount of the penalty or the fact that na penalty should~~'~"~~G-~ <br />assessed because no violation occurred; that the contest -~"'y~,„.~- <br />procee ing is 11[flltP~1 *~ a rPView of the proposed Pena ty; ""` <br />and t a e e ermination~ to be made are whether any pen- <br />alt is appropriate because a violation did or did not occur <br />and or whether the amount of the penalty is appropriate con- <br />sidering the four criteria set forth in the preceding sub- <br />section (a). <br />The Department's regulations implementing section 518 (c) of <br />the Act provide that: <br />Any person charged with a civil penalty may file a <br />petition for review of a proposed assessment of <br />that penalty with the Hearings Division, " * *. <br />{43 CFR 4.1150) <br />• . * + . <br />4 <br />