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and payable within thirty (30) days of the date of the decision. The <br />decision of the OCTAP Administrator or designee and imposition of <br />the cost recovery assessment is subject to appeal within ten (10) <br />days of the decision pursuant to Section 12 below. <br />11.3.2. In lieu of notifying the Company and/or Driver of the alleged <br />violation evidenced by the information required hereunder, the <br />OCTAP Administrator or designee may forward the information with <br />a recommendation for prosecution or appropriate civil proceedings <br />against the Company and/or Driver to the prosecutor for the <br />member Agency in whose jurisdiction the alleged violations <br />occurred. The recommendation shall include a statement of the <br />costs to OCTAP for investigating the alleged violation. <br />11.3.3. Pursuant to Government Code Section 53075.9(c), OCTAP shall <br />collect interest at the rate of 10% per annum for all unpaid fines <br />and assessments, commencing on the day following when the <br />payment of the fine and assessment is due. All fines, <br />assessments, and interest collected shall be deposited at least <br />once each month in a fund established for the purpose of enforcing <br />the provisions of this Section. <br />12. APPEAL <br />12.1. Notice of adverse action. <br />In the event a permit is proposed to be denied, suspended revoked, or a penalty <br />imposed, the applicant, Permittee or Driver shall be notified in writing of the proposed <br />adverse action and the reason(s) supporting it. <br />12.2. Notice of appeal. <br />No later than ten (10) days following the date on the notice of proposed adverse <br />action, the applicant, Permittee, or Driver may submit a written appeal on a form <br />provided by OCTAP. The applicant, Permittee, or Driver shall set forth in the appeal the <br />reason(s) why such action is not proper. Failure to file a timely appeal shall constitute a <br />waiver of the right to an appeal. <br />12.3. Stay. <br />Except as provided in Section 12.4, once an appeal is filed, the proposed <br />adverse action shall be stayed pending the final determination on appeal. <br />Page 33 <br />6521?3J <br />