R305-7-303. Requests for Agency Action and Contesting an Initial Order or Notice of Violation; Finality

  (1) A Notice of Violation or an Initial Order may be contested by filing and serving a written Request for Agency Action as provided in R305-7-104(5).

  (2) Any Request for Agency Action is governed by and shall meet all of the requirements of UAPA, Section 63G-4-201(3)(a) and (3)(b).

  (3) As provided in Section 63G-4-201(3)(a), a Request for Agency Action shall be in writing and signed by the person making the Request for Agency Action, or by that person's representative, and shall include:

  (a) the names and addresses of all persons to whom a copy of the Request for Agency Action is being sent;

  (b) the agency's file number or other reference number, if known;

  (c) the date that the Request for Agency Action was mailed;

  (d) a statement of the legal authority and jurisdiction under which agency action is requested;

  (e) a statement of the relief or action sought from the agency;

  (f) a statement of the facts and reasons forming the basis for relief or agency action; and

  (4) A Request for Agency Action shall include the requestor's name, address and email address, if any.

  (5) To be timely, a paper copy of a Request for Agency Action to contest an Initial Order or a Notice of Violation shall be received for filing by the Director and the Administrative Proceedings Records Officer as specified in R305-7-104(2), (4) and (5) within 30 days of the date the Initial Order or a Notice of Violation was issued. This time may be extended only by stipulation of the parties and only if such stipulation is received for filing before the expiration of the time for filing the Request for Agency Action. The requester shall also send an electronic copy (searchable pdf) of the Request for Agency Action to [e-mail].

  (6) If a Request for Agency Action is made by a person other than the recipient of an Initial Order, the Request for Agency Action shall also include a Petition to Intervene that meets the requirements of Section 63G-4-207 and R305-7-304. See R305-7-110, however (limitations on the ability of third persons to challenge enforcement proceedings).

  (7) (a) It is not sufficient under Section 63G-4-201(3)(a) or this rule to file a general statement of disagreement, a reservation of rights to file a Request for Agency Action, or a request to have the matter heard.

  (b) If a person files a document challenging a notice of violation or an order under this Part 3 that does not meet the requirements of this rule, a party may file a dispositive motion addressing that inadequacy. The notice of violation or order will be final if the Executive Director approves or approves with modifications the ALJ's recommended order of dismissal.

  (8) A Notice of Violation or Initial Order will become final, for purposes of enforcement under Section 63G-4-501(1), upon the expiration of 30 days from the date of issuance, unless a Request for Agency Action is received as provided above. Failure to file a Request for Agency Action within the period specified above waives any right to contest the Initial Order or to seek judicial review.