Notice of Probable Violation

§ 190.17 Notice of Probable Violation#

(a)The Commission begins enforcement proceedings by serving a notice of probable violation of the Arkansas Gas Pipeline Code or any order issued thereunder. This notification shall advise the operator that a written response is required and that failure to respond may result in enforcement action in accordance with § 190.19.#

(b)A notice of probable violation issued under this section shall include:#

(1)Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based;#

(2)Notice of response options available to the respondent.#

(c)The notice of probable violation shall normally be in the form of an inspection report mailed to the person charged. However, the notice of probable violation may be served in the form of a certified letter or show cause order.#

(d)A notice of probable violation for failure to produce or falsification of records may be served in the form of a certified letter or show cause order. Falsification of records may also be referred to the Inspector General of the U.S. Department of Transportation for investigation and prosecution under applicable provisions of federal criminal law.#