§ 42-17.6-3 - Notice of violation and assessment of penalty.
SECTION 42-17.6-3
§ 42-17.6-3 Notice of violation andassessment of penalty. – (a) Whenever the director seeks to assess an administrative penalty on anyperson, the director shall cause to be served upon the person, either byservice, in hand, or by certified mail, return receipt requested, a writtennotice of its intent to assess an administrative penalty which shall include:
(1) A concise statement of the alleged act or omission forwhich the administrative penalty is sought to be assessed;
(2) Each law, rule, regulation, order, permit, license, orapproval which has not been complied with as a result of the alleged act oromission;
(3) The amount which the director seeks to assess as anadministrative penalty for each alleged act or omission;
(4) A statement of the person's right to an adjudicatoryhearing on the proposed assessment;
(5) The requirements the person must comply with to avoidbeing deemed to have waived the right to an adjudicatory hearing; and
(6) The manner of payment thereof if the person elects to paythe penalty and waive an adjudicatory hearing.
(b) After written notice of noncompliance or intent to assessan administrative penalty has been given, each day thereafter during which thenoncompliance occurs or continues shall constitute a separate offense and shallbe subject to a separate administrative penalty if reasonable efforts have notbeen made to promptly come into compliance.