Can a notice to comply be appealed by the owner or operator?
No. A notice to comply cannot be appealed to the hearing officer or hearing panel provided in PRC 44307. However, if the cited owner or operator fails to correct the minor violation, the EA may note a violation on an inspection report and take appropriate enforcement action. An enforcement action issued for a disputed minor violation is subject to appeal pursuant to PRC 44307. • Can the recipient of a notice to comply request a hearing in accordance with PRC 44307? No. However, an owner or operator who is subject to an enforcement action (e.g., issuance of a notice and order, cease and desist order, etc.) that arises from a minor violation the owner or operator fails to correct or fails to certify, in a timely manner, as having been corrected, as provided in PRC 45002(b) may appeal, as provided by PRC 44307. • How does the process of serving a notice to comply affect the hearing panel process? This process will not affect the hearing panel process. Although the notice to comply cannot
Related Questions
- If I have an individual who runs a winery and sells wine, must any person that is selling the wine have an operator’s license if the owner is not present?
- If the owner or operator submits a notice of disagreement, what steps should the EA follow?
- Can a notice to comply be appealed by the owner or operator?
