Current through Register Vol. XLI, No. 24, June 14, 2024
4.1. The Secretary shall notify any responsible party of the Secretary's decision to institute administrative proceedings pursuant to the Act and its Rules.4.2. Notice of the Secretary's decision to commence an administrative proceeding shall be transmitted to the responsible party by certified mail or other transmittal method that offers proof of delivery (i.e. facsimile or electronic mail).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 by the responsible party, and a proposed civil penalty assessment that shall be based on the procedures 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 or not it will participate in the administrative proceeding. Failure to timely respond shall be considered as refusal to participate in the process.