§2050.6. Enforcement; informal procedures
A. The secretary may establish informal procedures for compliance orders and penalty assessments by rules adopted in accordance with the Administrative Procedure Act. The rules shall specify those types of compliance orders and penalty assessments for which an informal proceeding is adequate to protect the public interest. Informal procedures may be employed only with the consent of the respondent.
B. Rules issued under this Section shall, at a minimum, provide for each of the following:
(1) An affidavit or other document to establish that a violation occurred.
(2) Notice to the respondent of the evidence relied upon to establish the violation.
(3) An opportunity for the respondent to present oral, documentary, and physical evidence in opposition to the order or assessment.
(4) An opportunity for members of the public to file written comments regarding the contested order or assessment and to attend the informal hearing if one is held.
(5) Inclusion of the final enforcement action on the public list.
C. An informal proceeding is not governed by the procedures of this Chapter for adjudicatory hearings or the adjudication provisions of the Administrative Procedure Act.
D. A compliance order or penalty assessment issued upon conclusion of an informal proceeding is a final enforcement action.
Acts 1995, No. 947, §1, eff. Jan. 1, 1996.
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