Review of Plan or Progress Report by Department — Correction of Deficiencies — Review of Order
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The department may review a plan or an annual progress report to determine whether the plan or progress report reasonably contains the elements specified under §§ 68-212-305 and 68-212-306. If a generator fails to complete a plan containing the elements of § 68-212-305 or an annual progress report reasonably containing the elements required by § 68-212-306, the department may notify the generator of the specific deficiencies. The department also may specify a reasonable time frame, of not less than ninety (90) days, within which the generator shall modify the plan or progress report correcting the specified deficiencies.
If the commissioner determines that a plan or progress report has not been modified to address the deficiencies identified, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be served by personal service or shall be sent by certified mail, return receipt requested. Investigations made in accordance with this section may be made on the initiative of the commissioner or board. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of the alleged violator of this part at a meeting to show cause why enforcement action ought not to be taken by the department.
Any order issued pursuant to subsection (b) shall be subject to review in the same manner as orders under § 68-212-113.