Department to enforce standards, rules and regulations--appealauthorized.
260.410. 1. The department shall cause investigations to bemade upon the request of the commission or upon receipt ofinformation concerning alleged violations of sections 260.350 to260.430 or any standard, rule or regulation, order or license orpermit term or condition adopted or issued hereunder, and maycause to be made any other investigations it deems advisable tofurther the purposes of sections 260.350 to 260.430. Violationsshall include obtaining a permit hereunder by misrepresentationor failure to fully disclose all relevant facts.
2. If, in the opinion of the department, the investigationdiscloses that a violation does exist, it may, by conference,conciliation or persuasion, endeavor to eliminate the violation.
3. In case of the failure by conference, conciliation orpersuasion to correct or remedy any claimed violation, or asrequired to immediately and effectively halt or eliminate anyimminent or substantial threats to the health of humans or otherliving organisms resulting from the claimed violation, thedepartment may order abatement of the violation or may revoke anylicense, or any hazardous waste transportation vehicle approvalor permit which may have been issued hereunder. The departmentshall cause to have issued and served upon the person complainedagainst a written notice of the order or revocation which shallinclude a copy of the order or revocation, which shall specifythe provision of sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or conditionadopted or issued hereunder of which the person is alleged to bein violation and a statement of the manner in which the person isalleged to violate sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or condition.Service may be made upon any person within or without the stateby registered or certified mail, return receipt requested. Anyperson against whom the department issues an order or revocationmay appeal it by filing a petition with the commission withinthirty days. The appeal shall stay the enforcement of the orderor revocation until final determination by the commission. Thecommission shall set appeals for a hearing at a time not lessthan thirty days after the date of the receipt of the petition.The commission may sustain, reverse or modify the department'sorder or revocation or may make such other orders as thecommission deems appropriate under the circumstances. If anyorder or revocation issued by the department is not appealedwithin the time herein provided, the order or revocation becomesfinal and may be enforced as provided in section 260.425.
4. Licenses and permits issued hereunder may be suspended,revoked or modified if obtained in violation of sections 260.350to 260.430 or by misrepresentation or failing to fully discloseall relevant facts, or when required to prevent violations of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order or license or permit term or condition adoptedor issued hereunder, or to protect the health of humans and otherliving organisms, when such action is required by a change inconditions or the existence of a condition which requires eithera temporary or permanent change in the licensed or permittedhazardous waste management practices, subject to the right ofappeal as set forth in section 260.410*.
5. When the commission schedules a matter for hearing, thepetitioner on appeal may appear at the hearing in person or bycounsel, and may make oral argument, submit written brief, offertestimony and evidence and cross-examine witnesses.
6. After due consideration of the record, or upon default inappearance of the petitioner at any hearing of which he has beengiven notice by registered or certified mail the commission shallissue and enter such final order, or make such finaldetermination as it deems appropriate under the circumstances.It shall notify the petitioner or respondent thereof in writingby certified or registered mail.
(L. 1977 H.B. 318 § 13)
*Apparently an incorrect reference since appeal procedure is provided in § 260.415.
Department to enforce standards, rules and regulations--appealauthorized.
260.410. 1. The department shall cause investigations to bemade upon the request of the commission or upon receipt ofinformation concerning alleged violations of sections 260.350 to260.430 or any standard, rule or regulation, order or license orpermit term or condition adopted or issued hereunder, and maycause to be made any other investigations it deems advisable tofurther the purposes of sections 260.350 to 260.430. Violationsshall include obtaining a permit hereunder by misrepresentationor failure to fully disclose all relevant facts.
2. If, in the opinion of the department, the investigationdiscloses that a violation does exist, it may, by conference,conciliation or persuasion, endeavor to eliminate the violation.
3. In case of the failure by conference, conciliation orpersuasion to correct or remedy any claimed violation, or asrequired to immediately and effectively halt or eliminate anyimminent or substantial threats to the health of humans or otherliving organisms resulting from the claimed violation, thedepartment may order abatement of the violation or may revoke anylicense, or any hazardous waste transportation vehicle approvalor permit which may have been issued hereunder. The departmentshall cause to have issued and served upon the person complainedagainst a written notice of the order or revocation which shallinclude a copy of the order or revocation, which shall specifythe provision of sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or conditionadopted or issued hereunder of which the person is alleged to bein violation and a statement of the manner in which the person isalleged to violate sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or condition.Service may be made upon any person within or without the stateby registered or certified mail, return receipt requested. Anyperson against whom the department issues an order or revocationmay appeal it by filing a petition with the commission withinthirty days. The appeal shall stay the enforcement of the orderor revocation until final determination by the commission. Thecommission shall set appeals for a hearing at a time not lessthan thirty days after the date of the receipt of the petition.The commission may sustain, reverse or modify the department'sorder or revocation or may make such other orders as thecommission deems appropriate under the circumstances. If anyorder or revocation issued by the department is not appealedwithin the time herein provided, the order or revocation becomesfinal and may be enforced as provided in section 260.425.
4. Licenses and permits issued hereunder may be suspended,revoked or modified if obtained in violation of sections 260.350to 260.430 or by misrepresentation or failing to fully discloseall relevant facts, or when required to prevent violations of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order or license or permit term or condition adoptedor issued hereunder, or to protect the health of humans and otherliving organisms, when such action is required by a change inconditions or the existence of a condition which requires eithera temporary or permanent change in the licensed or permittedhazardous waste management practices, subject to the right ofappeal as set forth in section 260.410*.
5. When the commission schedules a matter for hearing, thepetitioner on appeal may appear at the hearing in person or bycounsel, and may make oral argument, submit written brief, offertestimony and evidence and cross-examine witnesses.
6. After due consideration of the record, or upon default inappearance of the petitioner at any hearing of which he has beengiven notice by registered or certified mail the commission shallissue and enter such final order, or make such finaldetermination as it deems appropriate under the circumstances.It shall notify the petitioner or respondent thereof in writingby certified or registered mail.
(L. 1977 H.B. 318 § 13)
*Apparently an incorrect reference since appeal procedure is provided in § 260.415.
Department to enforce standards, rules and regulations--appealauthorized.
260.410. 1. The department shall cause investigations to bemade upon the request of the commission or upon receipt ofinformation concerning alleged violations of sections 260.350 to260.430 or any standard, rule or regulation, order or license orpermit term or condition adopted or issued hereunder, and maycause to be made any other investigations it deems advisable tofurther the purposes of sections 260.350 to 260.430. Violationsshall include obtaining a permit hereunder by misrepresentationor failure to fully disclose all relevant facts.
2. If, in the opinion of the department, the investigationdiscloses that a violation does exist, it may, by conference,conciliation or persuasion, endeavor to eliminate the violation.
3. In case of the failure by conference, conciliation orpersuasion to correct or remedy any claimed violation, or asrequired to immediately and effectively halt or eliminate anyimminent or substantial threats to the health of humans or otherliving organisms resulting from the claimed violation, thedepartment may order abatement of the violation or may revoke anylicense, or any hazardous waste transportation vehicle approvalor permit which may have been issued hereunder. The departmentshall cause to have issued and served upon the person complainedagainst a written notice of the order or revocation which shallinclude a copy of the order or revocation, which shall specifythe provision of sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or conditionadopted or issued hereunder of which the person is alleged to bein violation and a statement of the manner in which the person isalleged to violate sections 260.350 to 260.430, or the standard,rule or regulation, order or license or permit term or condition.Service may be made upon any person within or without the stateby registered or certified mail, return receipt requested. Anyperson against whom the department issues an order or revocationmay appeal it by filing a petition with the commission withinthirty days. The appeal shall stay the enforcement of the orderor revocation until final determination by the commission. Thecommission shall set appeals for a hearing at a time not lessthan thirty days after the date of the receipt of the petition.The commission may sustain, reverse or modify the department'sorder or revocation or may make such other orders as thecommission deems appropriate under the circumstances. If anyorder or revocation issued by the department is not appealedwithin the time herein provided, the order or revocation becomesfinal and may be enforced as provided in section 260.425.
4. Licenses and permits issued hereunder may be suspended,revoked or modified if obtained in violation of sections 260.350to 260.430 or by misrepresentation or failing to fully discloseall relevant facts, or when required to prevent violations of anyprovision of sections 260.350 to 260.430 or any standard, rule orregulation, order or license or permit term or condition adoptedor issued hereunder, or to protect the health of humans and otherliving organisms, when such action is required by a change inconditions or the existence of a condition which requires eithera temporary or permanent change in the licensed or permittedhazardous waste management practices, subject to the right ofappeal as set forth in section 260.410*.
5. When the commission schedules a matter for hearing, thepetitioner on appeal may appear at the hearing in person or bycounsel, and may make oral argument, submit written brief, offertestimony and evidence and cross-examine witnesses.
6. After due consideration of the record, or upon default inappearance of the petitioner at any hearing of which he has beengiven notice by registered or certified mail the commission shallissue and enter such final order, or make such finaldetermination as it deems appropriate under the circumstances.It shall notify the petitioner or respondent thereof in writingby certified or registered mail.
(L. 1977 H.B. 318 § 13)
*Apparently an incorrect reference since appeal procedure is provided in § 260.415.
