753-6.4 Notice of probable violation.

(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.#