(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 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.