Section 446.601  Notice

a)         Whenever the Department upon its own initiative, or upon verified complaint of any person, intends to convene a hearing for the purpose of requiring the operator of an Official Testing Station to prove that the rates filed by that operator are just and reasonable, the Department begins the proceeding by serving a Notice on the operator.

b)         The Notice required by paragraph (a) of this section shall include:

1)         A statement of the provision(s) of the law and regulations which the operator is believed to be violating;

2)         A statement of the factual allegation(s) upon which the Department relies in its belief that the rates and charges filed by this operator are unjust or unreasonable;

3)         A statement of the remedial action being sought by the Department;

4)         A statement of the operator's right to present written or oral explanations, information or any materials in answer to the allegations;

5)         A statement of the operator's right to request a hearing and the procedures for requesting a hearing.

c)         The Department may amend a notice issued under this Section at any time before entering of a final order.  If an amendment includes any new material allegation of fact, the operator shall be given an opportunity to respond.