§ 5.5-117. Enforcement of citation

   (a) Notice of proposed penalty. -- Within a reasonable time after issuance of a citation under § 5.5-116 of this title, the Commissioner shall send by certified mail to the railroad company at its principal place of business a notice that:

   (1) states that the citation has been issued and any civil penalty that will be assessed under this title; and

   (2) informs the railroad company that, within 15 working days after receipt of the notice, the railroad company may submit to the Commissioner a written notice of contest on the citation or civil penalty.

(b) Citation and penalty as final order. -- A citation and any penalty that the Commissioner proposes to assess shall be considered a final order of the Commissioner unless within 15 working days after receipt of a notice under subsection (a) of this section the railroad company notifies the Commissioner of an intent to contest the citation or any penalty.

(c) Period for correction. -- A railroad company shall correct each violation for which the Commissioner issues a citation within the period set for correction in a final order under this title.

(d) Notice of failure to correct. -- If the Commissioner has reason to believe that a railroad company has failed to correct a violation within the time allowed, the Commissioner shall send by certified mail to the railroad company a notice that:

   (1) states that the railroad company has failed to correct the violation;

   (2) states the civil penalty, if any, that the Commissioner intends to assess under § 5.5-121 of this title for the failure; and

   (3) informs the railroad company that, within 15 working days after receipt of the notice, the railroad company may submit to the Commissioner a written notice of contest on the notice or civil penalty.

(e) Notification and penalty as final order. -- Unless a railroad company notifies the Commissioner within 15 days after receipt of the notification issued by the Commissioner of an intent to contest as provided in subsection (a) of this section, the notice, including any civil penalty, is a final order.

HISTORY: 1998, ch. 8, § 3.