1. (a) When an appeal is from the assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond with the Department, the appellant shall submit to the Office of Chief Counsel of the Department a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.
2. (b) When an appeal is from the assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond with the Board, the appellant shall submit to the Board a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.
3. (c) If a civil penalty is assessed under more than one statute, an appellant shall follow the procedures set forth in each statute.

4. (d) When an appellant submits a verified statement of inability to prepay, under subsection (a) or (b), a copy of the verified statement shall be included with the notice of appeal.

   Comment: Practitioners should note that the Air Pollution Control Act (35 P. S. § § 4001—4015), requires that prepayment of a civil penalty be made to the Board and not to the Department.

Source

The provisions of this § 1021.54a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

Cross References

This section cited in 25 Pa. Code § 1021.51 (relating to commencement, form and content); 25 Pa. Code § 1021.55 (relating to hearing on inability to prepay penalty).