Ala. Admin. Code r. 880-X-11C-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-11C-.05 - Service Of Notices Of Violation Cessation Orders, And Show Cause Orders

(1) A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:

(a) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the coal exploration or surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(b) As an alternative to Paragraph (1)(a) of this Rule, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.

(2) A show cause order may be served on the person to whom it is issued in either manner provided in Paragraph (1)(a) of this Rule.

(3) Designation by any person of an agent for service of notices and orders shall be made in writing to the State Regulatory Authority at the address listed in the current issue of the State Directory.

(4) The State Regulatory Authority may furnish copies to any person having an interest in the coal exploration, surface coal mining and reclamation operation, or the permit area, such as the owner of the fee, a corporate officer of the permittee or entity conducting coal exploration, or the bonding company.

Author:

Ala. Admin. Code r. 880-X-11C-.05

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.