18-21-110. PROCEDURE FOR ISSUANCE OF NOTICES OF VIOLATION BY THE DIRECTOR.

1. Whenever the Director has reason to believe that a violation of this Title or Title 19, or any rules made or permits issued under there, has occurred, he shall serve a written Notice of Violation upon the alleged violator or his agent. Where the alleged violation occurs upon federally leased lands, the Director shall also serve a copy of the Notice of Violation upon the Bureau of Indian Affairs. Such service shall be either by (i) person service, (ii) attaching the notice conspicuously to the home, building, business, or other location where the violation has occurred, or (iii) United States mail, first-class postage prepaid, addressed to the last known address of the alleged violator. For purposes of this section, service by mail is complete upon mailing.
2. Such Notice of Violation shall state separately each violation of this Title, the specific section of this Title has been violated, what corrective action necessary to comply with the Title, and the reasonable time established by the Director for compliance, which shall in no event be sooner than 20 days from the date of service.
3. When calculating a reasonable time for compliance, the Director shall take into consideration:
   1. The type and degree of violation.
   2. The threat to public health and the environment posed by the violation.
   3. The difficulty of compliance and the financial and material means of the alleged violator.
   4. The expressed intent and past record of compliance of the alleged violator.
      
      An extension of time for compliance may be granted by the Director, but only upon a showing that the corrective actions required by the Director have been commenced and that the work is progressing at a satisfactory rate.
4. The alleged violator may request a hearing before the Commission to be conducted in accordance with the procedures set in § 18-21-104, below, to answer the charges made against him. Such a request must be filed with the Commission and served upon the Director within five days of service of the Notice of Violation. A request for a hearing shall not affect the time for compliance stated in the Notice of Violation.
5. If a contested hearing is requested pursuant to subsection (5) above, the Commission shall hold a contested hearing pursuant to § 18-21-104 within 10 days of service of the notice required by subsection (1), above. A hearing shall not stay the running of the time for compliance established pursuant to § 19-5-103 (3), above. The Director shall have the burden of proving, by a preponderance of the evidence, that a violation has occurred.
6. The Commission shall issue an order confirming the Notice of Violation within five days after conclusions of the hearing, if the Director proves a violation. The order shall be effective upon it issuance and shall be served by United States mail, first-class postage prepaid, upon the alleged violator and the Director.
7. If no hearing is requested pursuant to subsection (5) above, the Notice of Violation shall be effective 20 days from the date of service upon the alleged violator.