A. Owners and/or operators of facilities that are assessed an administrative penalty and/or monetary fine may appeal by filing a written request within 15 calendar days to the LEA to convene a meeting of the LEA’s Independent Hearing Panel.
B. Within 15 calendar days after the LEA’s receipt of the written request to convene a Hearing Panel meeting to hear an appeal, the LEA shall provide written notice to the owner/operator of the scheduled date, time and place of the Hearing Panel meeting and requiring that a statement of issues that require a hearing be filed by the appellant at least 20 calendar days prior to the date of the hearing.
C. The Hearing Panel must convene within 45 calendar days of the date of the LEA’s receipt of the written request from the facility owner/operator unless the owner/operator and the LEA mutually waive the timeline.
D. If the statement of issues is not filed, the LEA may affirm the administrative penalty and/or fine without a hearing, or may, at its discretion, proceed with a hearing before deciding whether or not to affirm the penalty or fine.