Regulations of Connecticut State Agencies
(a) If the Department has reason to believe that a violation has occurred for which a civil penalty has been established for violations of chapter 293 of the Connecticut General Statutes, as provided in section 16-356 of the Connecticut General Statutes, or of any provisions of sections 16-345-1 to 16-456-9, inclusive, of the regulations of Connecticut state agencies, the department may send to the violator by certified mail, return receipt requested, or by personal service, a notice which shall include:
(1) A reference to the section of the statute, regulation or order involved;
(2) A short and plain statement of the matters asserted or charged;
(3) A statement of the amount of the civil penalties proposed to be imposed after notice and opportunity for a hearing; and
(4) A statement of the party's right to a hearing.
(b) The person, public agency or public utility to whom the notice is addressed may, no later than thirty (30) days from the date of receipt of the notice, deliver to the department written application for a hearing. If a hearing is requested then, after a hearing, and upon a finding that a violation has occurred, the department may issue a final order assessing a civil penalty under this section which is not greater than the penalty stated in the notice. If such a hearing is not so requested, or if such a request is later withdrawn, then the notice shall, on the first day after the expiration of such thirty day period or on the first day after the withdrawal of such request for hearing whichever is later, become a final order of the department and the matters asserted or charged in the notice shall be deemed admitted.
(c) All hearings under this section shall be conducted pursuant to sections 4-177 to 4-184, inclusive, of the Connecticut General Statutes. The final order of the department assessing a civil penalty shall be subject to appeal under section 4-183 of the Connecticut General Statutes. No challenge to a final order of the department assessing a civil penalty pursuant to section 16-345-9 of the regulations of Connecticut state agencies shall be allowed as to any issue which could have been raised by a timely request for a hearing pursuant to subsection (b) of this section. Any civil penalty authorized by this section shall become due and payable upon the final decision becoming a final order pursuant to subsection (b) of this section.
(d) A civil penalty assessed in a final order of the department under this section may be enforced in the same manner as a judgment of the superior court. The final order shall be delivered to the respondent by personal service or by certified mail, return receipt requested.
(Effective October 25, 1988; Amended August 23, 2000)