b) A notice of apparent violation shall be issued:

1. 1) In the case of a violation observed at any location where hazardous materials are handled, to the person in charge of or responsible for the place or location who is present at the time the violation is observed and, if that person is not the owner or lessor of the place or location, to the owner or lessor of the place or location.
2. 2) In the case of a violation involving a motor vehicle intended to be used or being used for the transportation of hazardous materials, or in the case of a violation observed occurring in the course of the transportation of hazardous materials, to the driver or operator of the vehicle and to the employer of the driver or operator and, to the owner or lessor of the vehicle if the owner or lessor is a person other than the driver or operator or the employer of the driver or operator.
3. 3) In the case where an individual person is observed to be knowingly committing an act which is a violation or to have knowingly committed an act which is a violation of these regulations, to that individual person and, if applicable, to the employer of that person.
4. 4) In all other cases, to a responsible person present at the time the violation is observed, and if that person is not the owner or lessor of the place or location, to the owner or lessor of the place or location.

d) A copy of each notice of apparent violation issued shall be forwarded to the Director.

(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)