# 753-6.4 Notice of probable violation.

**Citation:** 16 NYCRR 753-6.4  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Protection of Underground Facilities. (a) If the department has reason to believe that a violation of this Part has occurred or is continuing, the department may commence an enforcement proceeding by issuing a notice of probable violation (NOPV).

(b) The NOPV shall include:

(1) a listing of the regulations which the respondent is alleged to have violated, a description of the evidence on which

## Document text

(a) If the department has reason to believe that a violation of this Part has occurred or is continuing, the department may commence an enforcement proceeding by issuing a notice of probable violation (NOPV).

(b) The NOPV shall include:

(1) a listing of the regulations which the respondent is alleged to have violated, a description of the evidence on which the allegations are based and a copy of the field citation(s), if applicable;

(2) notice of the response options available to the respondent under section 753-6.5 of this Subpart;

(3) if a penalty is proposed, the amount of the proposed penalty and the maximum penalty for which the respondent may be liable; and

(4) a proposed consent order pursuant to section 753-6.7 of this Subpart.

(c) A NOPV may be amended at any time prior to issuance of a final order. If an amendment includes any new material allegations of fact or proposes an increased penalty, the respondent shall have another opportunity to respond under section 753-6.5 of this Subpart.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I5069b65fcd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `2ba70c92a8dc44221ef43c3c73b3453a194ef9f445766ccf8b4cdd441f45eed1`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-24T09:07:04.505Z
- Document slug: `ny-nycrr-753-6-4`

### Source metadata

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  "title": 16,
  "part": "753",
  "partTitle": "Protection of Underground Facilities",
  "scopeKind": "underground-damage-prevention",
  "tocPath": [
    "Part 753 Protection of Underground Facilities",
    "Subpart 753-6 Enforcement Procedures"
  ],
  "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.",
  "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.",
  "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.",
  "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.",
  "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.",
  "rightsReviewRequired": true,
  "currentThrough": "2023-02-28",
  "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.",
  "publisherCitation": "16 CRR-NY 753-6.4",
  "identityAnomaly": null,
  "references": [
    {
      "citation": "16 NYCRR 753",
      "referenceType": "new-york-administrative-code",
      "url": "https://govt.westlaw.com/nycrr/Browse/Home/NewYork/UnofficialNewYorkCodesRulesandRegulations?guid=I2db73820ba3811dd9496ee88430c6cd4&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)"
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```