- (a) Payment of a fine shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.
- (b) In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall issue a “notice of apparent liability” describing the alleged offense, stating the amount of the assessed fine, and notifying the alleged offender that they shall pay or compromise the fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment of an administrative fine.
- (c) Nonpayment of a fine by a certificate holder or respondent in contravention of an order, agreement or promise to pay, shall be a separate ground for discipline by the board and a basis for denying a subsequent certificate and renewal application and a basis for judicial action seeking to collect the fine.
Source. (See Revision Note at chapter heading for Soil 400) #9886-A, eff 3-11-11, EXPIRED: 3-11-19 New. #13560, eff 4-7-23 (formerly Soil 402.03)