Section 640.095

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 640

Effective - 28 Aug 2022   

  640.095.  Penalties, imposition of — department duties, procedure. — In all instances where the department of natural resources has authority to issue penalties and determines that a penalty should be levied, the department shall provide in writing to the alleged violator, together with any claim or demand for a penalty, the factual basis for the violation and a copy of the rules or statutory provisions upon which the department relies for alleging a violation has occurred and determining the appropriate penalty, along with a statement of facts specifying each element of the violation and basis for the penalty, including how the department calculated the penalty, with particularity.  This information shall be a complete record so that an alleged violator can understand the alleged violation, the applicability of the rules or statutory provisions, appropriateness of the penalty, and the accuracy of the calculation so that the alleged violator can respond properly to the department.  Any statement provided by the department in compliance with this section shall be treated as confidential information and shall not be disclosed to any party except the alleged violator.

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(L. 2022 H.B. 2485)