§ 808.15 Show cause proceeding.

(a) The Executive Director may issue an order requiring an alleged violator to show cause why a penalty should not be assessed in accordance with the provisions of this chapter and section 15.17 of the compact. The order to the alleged violator shall: (1) Specify the nature and duration of violation(s) that is alleged to have occurred. (2) Set forth the date by which the alleged violator must provide a written response to the order. (3) Identify the civil penalty recommended by Commission staff. (b) The written response by the project sponsor should include the following: (1) A statement whether the project sponsor contests that the violations outlined in the Order occurred; (2) If the project sponsor contests the violations, then a statement of the relevant facts and/or law providing the basis for the project sponsor's position; (3) Any mitigating factors or explanation regarding the violations outlined in the Order; and (4) A statement explaining what the appropriate civil penalty, if any, should be utilizing the factors at § 808.16. (c) Based on the information presented and any relevant policies, guidelines or law, the Executive Director shall make a written finding affirming or modifying the civil penalty recommended by Commission staff.