§3058 Review of final decisions of the Authority

Summary

When the Authority imposes a final civil penalty on a covered person, the Authority must quickly tell the Commission in the form the Commission requires. Within 30 days after that notice, the Commission or a person harmed by the penalty can ask for a new review by an administrative law judge. The judge will hold a hearing under rules the Commission sets and must decide within 60 days after the hearing ends. The judge will decide if the person did what the Authority said, if those actions broke the law or the Commission’s approved rules, and if the penalty was fair and legal. The judge can keep, change, cancel, or send the case back for more work, and will write findings based on the record. The judge’s decision becomes the Commission’s decision unless someone asks for further review. The Commission can also choose on its own to review the judge’s decision if it gives written notice within 30 days. The Authority or a harmed person can petition the Commission for review within 30 days; if the Commission refuses, the judge’s decision stands. If the Commission reviews, it will re-examine the facts and law and may affirm, change, cancel, or remand the decision. The Commission may allow new evidence if a party shows it is important and there was good reason it wasn’t submitted earlier. A judge’s or Commission review does not pause the penalty unless the judge or the Commission orders a stay.