N.Y. Comp. Codes R. & Regs. tit. 16, § 753-6.4 – Notice of probable violation. | Midpage
§ 753-6.4
N.Y. Comp. Codes R. & Regs. tit. 16, § 753-6.4
Notice of probable violation.
Department of Public Service
(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 of 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.