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Disputing CUPA Violations

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Violation Dispute Resolution Process

A formal notice of disagreement must be submitted in writing (e-mail or letter) following the procedures and timelines set forth herein.

  • The notice of disagreement must be submitted within 30 days of receipt of the notice to comply.
  • The notice of disagreement must clearly describe the rationale for disputing the violation(s) and provide supporting evidence or a reasoned legal interpretation to dispute the violation(s).
  • The evaluation of the notice of disagreement shall be provided in writing to the disputing party within 30 days of receipt by the area supervisor.*
  • If the permit holder does not regard the evaluation of the notice of disagreement by the area supervisor as reasonable and sufficient s/he may submit a notice of disagreement to the Chief of the HMD that describes why the supervisor’s evaluation was not reasonable or sufficient.
  • The Chief of the HMD will provide a written evaluation of this notice of disagreement in writing to the disputing party within 30 days of receipt of the notice of disagreement by the Chief.
  • Disputes that cannot be resolved within the HMD will be forwarded to the Director of the Department of Environmental Health. 

* If an evaluation is not made within 30 working days from receipt of the facility’s notice of disagreement (NOD), HMD may not seek penalties for continuing violations until an evaluation of the NOD is sent to the facility.

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