Section 99.09 - Notice of Probable Violation(1) The Department or its designee may begin an enforcement proceeding by issuing a notice of probable violation (NOPV) if the Department or its designee has reason to believe that a violation of M.G.L. c. 82, §§ 40 through 40D, 220 CMR 99.00, 49 CFR 192.614, or 49 CFR Part 196 has occurred or is occurring. The NOPV shall specify the section of the statute or regulation that the respondent is alleged to have violated, the factual basis for the allegation, the response options available to the respondent under 220 CMR 99.09(2), the amount of the proposed civil penalty, and the maximum civil penalty for which the respondent may be liable under the law.(2) Within 30 days of the date of an NOPV, the respondent shall either: (a) Pay the proposed civil penalty by check or money order made payable to the Commonwealth of Massachusetts, and submit it to the Division with a signed consent order pursuant to 220 CMR 99.13;(b) Submit to the Division a written response to the allegations in the NOPV. The response should be signed by the respondent or the respondent's duly authorized representative and include a complete statement of all relevant facts, along with any relevant documents, in response to the allegations in the NOPV; or(c) Contact the Division to confirm attendance at an informal conference.(3) At the informal conference, the respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant documents in response to the allegations in the NOPV. The investigator designated by the Department to conduct the informal conference shall make available to the respondent any evidence which indicates that the respondent may have committed the violations alleged in the NOPV, and the respondent shall have the opportunity to rebut this evidence. The informal conference shall not be construed to be an adjudicatory proceeding for purposes of M.G.L. c. 30A.(4) Failure of the respondent to respond to the NOPV in accordance with 220 CMR 99.09(2), without good cause, constitutes a waiver of respondent's right to contest the allegations in the NOPV and authorizes the Department, without further notice to the respondent, to find the facts to be as alleged in the NOPV and to issue a remedial order pursuant to 220 CMR 99.12.(5) The Department or its designee may issue an NOPV to any state or local government body, or any residential homeowner, for any violation of M.G.L. c. 82, §§ 40 through 40D, 220 CMR 99.00, or 49 CFR Part 192 where the violation involves a natural gas pipeline facility.Amended by Mass Register Issue 1402, eff. 10/18/2019.