Current through Register Vol. XLI, No. 37, September 13, 2024
4.1. The Secretary shall notify any responsible party of his decision to institute administrative proceedings pursuant to the Act and this Rule.4.2. Notice of the Secretary's decision to commence an administrative proceeding in an attempt to resolve an alleged violation of the Act or its rules shall be by certified mail to the responsible party.4.3. Notice shall include a proposed Consent Order initially containing, at a minimum, findings of fact and conclusions of law outlining the alleged violations, any remedial work to be performed, and a proposed civil penalty assessment which shall be based upon the procedure set forth in this Rule.4.4. The responsible party shall respond to the Secretary's Notice within ten days of receipt thereof indicating whether it shall participate or refuses to participate in the administrative proceeding. Failure to timely respond shall be considered refusal to participate in the process.