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w <br /> I. <br /> NER M S DIMENTATION CONTROL 4C .0000 <br /> . 00083 PAYMENT; HEARING; REMISSION/MITIGATION <br /> After receipt of notification of any assessment , the assessed <br /> person � ust <br /> (1) Tender payment; or <br /> (2) ubmit in writing a request for an adjudicatory hearing <br /> pecifying the factual or legal issues to be litigated; <br /> r _ <br /> (3) ubmit In writing a request for remission or mitigation <br /> �f the penalty stating the reasons why such request is <br /> ust I f A ed. <br /> Requests for remission must be accompanied by either a waiver of <br /> the rig t to an administrative hearing or a stipulation that the <br /> facts a !stated by the Director in his Findings and Decision are <br /> not in ispute. If such waiver or stipulation does not accompany <br /> the remission request , the request will be treated as a request <br /> for an � dministrati.ve hearing. Payment may be tendered in con- <br /> Junction with a hearing or remission request and in such case the <br /> payment will be accepted as conditional upon Final. action. <br /> History Nate: Statutory Authority G .S. 113A-64; 143B-1.0; <br /> Eff. February 1, 1976 . <br /> Amended Eff. <br /> .0009 'ENDERS OF PAYMENT; HEARING, REMISSION, MITIGATION REQUES9 <br /> (a) fihe Director shall accept and acknowledge all tenders o;' <br /> payment on behalf of the Secretary. <br /> (b) equests for remission or mitigation shall be presented <br /> to the ecretary . Upon receipt of such a request , the Secretary <br /> shall d legate the authority to consider the request to a member <br /> of the edimentation Control Commission. The Delegate shall acre <br /> a time nd place for presentation of the request by the responder <br /> The Del gate shall thereafter consider the request and make a <br /> recomme dation to the Secretary, who shall make the final. decisic <br /> on the emission request . <br /> (c) hould the assessed person request an adjudicatory hearing <br /> the Dir ,ctor, upon concurrence with the Attorney General. <br /> represe ting the Department, may deny the hearing upon "a finding <br /> that no issues of law or fact exist . In such case , the request <br /> will be presented to the Department to consider remission or <br /> mitigation. Adjudicatory hearings will be held in accordance <br /> with Su chapter 1B, Section .0200, of this Title. <br /> History Note : Statutory Authority G.S . 143B-10 ; 113A-55 ; <br /> Eff. February 1, 1976, <br /> Amended Eff. <br /> NORTH C ROLINA ADMINISTRATIVE CODE 4-16 <br />