43.04.020 Civil Penalties

(a) In issuing a NOV, the Commission may impose a civil penalty for each violation in accordance with a schedule of civil penalties, and if such violation is a continuing one, for each day the violation occurs.

(b) Procedures for assessment of a civil fine:

(1) within 10 calendar days after service of a Notice of Violation, the alleged violator may submit written information to the Commission about the violation and any corrective measures undertaken or any mitigating factors, which shall be taken into account by the Commission in determining the penalty;

(2) within 20 calendar days after service of a Notice of Violation, the Commission shall serve a copy of the proposed civil penalty on the alleged violator;

(3) within 30 calendar days after service of a Notice of Violation, the alleged violator may request a hearing pursuant to Section 12 of this Code and applicable regulations to review any portion of the Notice of Violation or civil penalty;

(4) the Commission may extend deadlines under this section for good cause shown.

(c) Final Assessment:

(1) If the alleged violator fails to request a hearing as provided in this Code, the proposed civil penalty shall become a final order of the Commission; and

(2) the Commission shall donate all civil penalties paid under this Code to a Certified Native American Community Development Financial Institution or other non-profit organization that provides education to Native Americans.