| | | 2.__Order final.__Except as otherwise provided, an order | | issued by the board under this article is final unless the | | participant named in the order files with the board a written | | request for a hearing within 30 days after the order or contract | | for the irrigation reduction is served on the participant. |
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| | | 3.__Hearings.__Except as otherwise provided, hearings on | | contested matters and judicial review of final orders and other | | enforcement action under this article must be provided and | | conducted in accordance with the Maine Administrative Procedure | | Act. |
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| | | 4.__Prima facie violation.__A showing that, during the | | effective period of the agreement or order, the irrigation system | | was observed in person or via remote sensing or other method | | authorized by the board to have been operating and dispersing | | water is prima facie evidence of a violation of an agreement | | entered into in accordance with section 450-G or an order issued | | in accordance with section 450-H. |
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| | | 5.__Repayment penalty.__A participant who irrigates in | | violation of an agreement entered into in accordance with section | | 450-G or an order issued pursuant to section 450-H must pay a | | repayment penalty equal to 3 times the dollar amount that | | participant received in drought protection funds.__Repayment | | penalties under this subsection are assessed on a per violation | | basis.__A violation is deemed to have occurred each time a | | participant irrigates in violation of an agreement or order. |
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| | | 6.__Notice of violation.__Within 30 days after discovery that | | a violation has occurred, the board shall send via certified mail | | a notice of violation to the participant stating: |
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| | | A.__The date on which the violation occurred; |
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| | | B.__The facts constituting the violation and a statement | | that such facts will be deemed admitted unless denied by the | | participant's petition for hearing; and |
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| | | C.__The total dollar amount of repayment penalties owed by | | the participant, together with a demand that the amount be | | paid in full within 30 days of the participant's receipt of | | the notice. |
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| | | 7.__Deadline for response.__No more than 30 days after | | receiving a notice of violation pursuant to subsection 6, a | | participant must either pay in full the total amount of repayment | | penalties set forth in the notice or submit to the board a | | petition challenging the notice.__If a petition is filed within | | the required time, a hearing must be conducted by the board. |
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