Issuing a notice of a violation, an order, or a notice of agency action under this title tolls the running of the period of limitation for commencing a civil action to assess or collect a penalty until the sooner of:

1. (1) the day on which the notice of violation, order, or agency action becomes final under Title 63G, Chapter 4, Administrative Procedures Act; or
2. (2) three years from the day on which the department issues a notice or order described in this section.

Amended by Chapter 382, 2008 General Session