Section 108.202  Service of Citation/Filing of Citation with the Board

a)         In accordance with Section 31.1 of the Act, the Agency or Delegated Unit may serve an AC upon any person (AC Recipient) believed, through direct observation, to have violated subsection (o) or (p) of Section 21 of the Act.

b)         The AC must be issued and served upon the AC Recipient not more than 60 days after the date of the observed violation and must contain the following information:

1)         A statement specifying the provisions of subsection (o) or (p) of Section 21 of the Act that the AC Recipient was observed to have violated;

2)         A copy of the inspection report in which the Agency or Delegated Unit recorded the violation, which report must include the date and time of inspection, and weather conditions prevailing during the inspection;

3)         The penalty imposed by Section 42(b)(4) or (b)(4-5) of the Act for the violations;

4)         An affidavit by the personnel observing the violation, attesting to their material actions and observations; and

5)         Instructions for contesting the AC findings, including notification that the AC Recipient has 35 days within which to file a petition to contest the AC, and if an appeal is filed and the Board finds a violation, the AC Recipient must pay hearing costs pursuant to Section 108.500 of this Part.

c)         As required by Section 31.1 of the Act, the Agency or Delegated Unit must file the AC with the Board no later than 10 days after the date of service upon the AC Recipient.