§ 23-33-15.1 - Enforcement procedure.
SECTION 23-33-15.1
§ 23-33-15.1 Enforcement procedure. –(a) After the issuance of a compliance order pursuant to § 23-33-15, thedirector shall, within a reasonable time after the termination of theinspection or investigation, notify the owner by certified mail of the penalty,if any, proposed to be assessed under § 23-33-20 and that the owner hasfifteen (15) working days within which to notify the director that he or shewishes to contest the compliance order or proposed assessment of penalty. Ifwithin fifteen (15) working days from the receipt of the notice issued by thedirector, the owner fails to notify the director that he or she intends tocontest the compliance order or proposed assessment of penalty, and no noticeis filed by any owner or representative of the owner under subsection (c)within such time, the compliance order and the assessment, as proposed, shallbe deemed a final order of the review board and not subject to review as to anyquestion of fact by any court or agency.
(b) If the director has reason to believe that an owner hasfailed to correct a violation for which a compliance order has been issuedwithin the period permitted for its correction, which period shall not beginuntil the entry of a final order by the review board in the case of any reviewproceedings under this section initiated by the owner in good faith and notsolely for the delay or avoidance of penalties, the director shall notify theowner by certified mail of the failure, and that the owner has fifteen (15)working days within which to notify the director that he or she intends tocontest the notification or proposed assessment of penalty. The proposedassessment shall be deemed a final order of the review board and not subject toany review as to any question of fact by any court or agency.
(c) If an owner notifies the director that he or she intendsto contest a compliance order issued under subsection (a) or (b) of thissection, or if, within fifteen (15) working days of the issuance of acompliance order under § 23-33-15 any owner or representative of the ownerfiles a notice with the director alleging that the period of time fixed in thecompliance order for abatement of the violation is unreasonable, the directorshall immediately notify in writing the chairperson of the review board of suchnotification, and the review board shall thereafter issue an order, based onfindings of fact, affirming, modifying, or vacating the director's complianceorder or proposed penalty, or directing other appropriate relief, and suchorder shall become final thirty (30) days after its issuance. If the ownershows good faith effort to comply with the abatement requirements of acompliance order, and factors beyond his or her reasonable control preventcompliance, the review board, after an opportunity for a hearing, shall issuean order affirming or modifying the abatement requirement in the complianceorder. The rules of procedure prescribed by the review board shall provide theaffected owner or representative of the owner an opportunity to participate asparties to hearings under this subsection.