(a) In the event the department staff determines that a probable violation of RSA 374:48-56, En 800, or both, has occurred, staff shall issue a written notice of probable violation (NOPV) to the party alleged to have committed the violation.
(b) The department staff shall send information regarding the NOPV by email or by regular or certified mail to the party noticed in the NOPV.
(c) The NOPV shall include the following:
(1) A description of the probable violation and reference to the rule or statute regarded as violated;
(2) The date and location of the probable violation;
(3) A statement notifying the party or parties involved that civil penalties might be imposed pursuant to RSA 374:55 in the event of an unfavorable determination; and
(4) Procedures for resolving the probable violation.
(d) Any owner or operator of an underground facility involved in the NOPV shall provide a representative for any informal conference or hearing scheduled pursuant to En 800.
Source. #7900, eff 5-29-03; ss by #9318, eff 11-8-08; ss by #12102, eff 2-8-17