Section 287.414. Procedures for assessment of civil penalties

(a) The Department will serve, by mail or personal service, a copy of the civil penalty assessment on the person or municipality responsible for a violation. Service will be by registered or certified mail, or by personal service. If the service is tendered at the address of that person set forth in the application for a permit under the act or the regulations promulgated thereunder, or at an address at which that person is in fact located, and the person refuses to accept delivery of or to collect the mail, the requirements of this subsection will be deemed to have been complied with upon the tender.

(b) The Department may upon its own motion prior to assessment, or will upon written request of the person to whom the assessment was issued, arrange for a conference to review the assessment or proposed assessment.

(c) The assessment conference will not be governed by requirements for formal adjudicatory hearings, and may be held at the convenience of the parties.

(d) The Department may terminate the conference when it determines that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.

(e) The time for appeal from an assessment will not be stayed by the request for or convening of an assessment conference.