Section R12-1-1212. Request for Hearing in Response to an Initial Order

A.      In a request for a hearing, a person charged with a violation shall include a statement of the issues and the explanations and the arguments supporting denial of the violation or demon- strating extenuating circumstances, errors in notice, or any other reasons for not imposing the civil penalty, sanction, or both.

B.       The statement shall identify all issues. The failure to include an issue may, at the option of the Board, foreclose consider- ation of that issue. If a statement is not provided or is insuffi- cient, the Board may summarily determine the issues.

C.      The person charged may admit the violation and request a reduction of the proposed civil penalty based on extenuating circumstances.

D.      The person charged may waive oral proceedings and request dismissal of any or all of the charged violations, reduction of the civil penalties, or modification of any other imposed sanc- tion based on consideration by the Board of the written state- ment.

Historical Note

Adopted effective January 2, 1996 (Supp. 96-1).

Amended by final rulemaking at 5 A.A.R. 1817, effective May 12, 1999 (Supp. 99-2).