N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-6.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 753-6.4