Is a notice to comply considered an enforcement action?

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Is a notice to comply considered an enforcement action?

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Yes. PRC 45003 requires an enforcement action in the form of a notice to comply. However, it is an enforcement action that is limited by the terms of PRC 45003 and cannot be appealed to the hearing officer or hearing panel provided in PRC 44307. • 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 f

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