§ 24.105. Determination of violation; notice of violation.

Unless laws and regulations provide other procedures, an Enforcement Official shall use the following procedure to determine that a violation has occurred and to notify the violator.

I.

Investigation:

The Enforcement Official shall investigate the alleged violation to determine whether a violation exists or has occurred.

II.

Notice of Violation:

If the Enforcement Official believes that a violation exists or has occurred and if law or regulation requires the issuance of a notice of violation, the Official shall issue a notice of violation to the person responsible for the violation. If a notice of violation is not required by law or regulation, the Enforcement Official may issue a notice at his/her discretion.

The Enforcement Official need not issue a violation notice for a repeated violation for which a citation has been issued. The notice shall describe the violation and shall give the person a reasonable time to abate the violation or to prevent future violations.

III.

Right of Appeal:

The person charged with the violation may appeal the issuance of a violation notice only if such an appeal is authorized by law or regulation.

(C.B. 31, 1985)