10-21-280  Notice.
   (a)   Before any administrative adjudication proceeding may be conducted under this article, the parties shall be afforded notice in compliance with this section.
   (b)   A CDOT inspector shall notify potential respondents that he has begun an investigation, the subject matter of his investigation, and their responsibilities to preserve and produce evidence in relation to that investigation.
   (c)   The issuer of an Administrative Notice of Violation shall specify on the notice his name and badge number; where known, the name and address of the person charged with the violation; the date and place of the violation; and the section of the Code or rule which was allegedly violated; and shall certify the correctness of the specified information by signing his name to the notice. The notice shall indicate whether the matter may be prepaid. The notice shall inform the respondent of what may be submitted to CDOT prior to the review of the Administrative Notice of Violation by the Evaluation Panel.
   (d)   A respondent of the category delineated in subsection 10-21-290(b)(2)(B) who timely requests a review of a Director's determination shall be provided with a Notice of Hearing prior to the hearing before the Administrative Law Officer. A Notice of Hearing shall include the date, time, and location of the hearing and the penalties for failure to appear at the hearing before the Administrative Law Officer. A Notice of Hearing shall be served upon the alleged violator no less than seven calendar days prior to the date of the hearing.
   (e)   Service of an Administrative Notice of Hearing or a Notice of Hearing shall be:
      (1)   by first class or express mail or by overnight carrier at the address on record with 811 Chicago; or
      (2)   if the location of the alleged violation is within the scope of a permit, then the address on the permit issued for work at that location; or
      (3)   to the alleged violator's residence address or, if the alleged violator is a business entity, at any address identified for its registered agent or at its place of business; or
      (4)   by personal service, including personal service upon an employee or agent of the alleged violator at a place of business of the alleged violator or otherwise if such service is reasonably calculated to give the alleged violator actual notice; or
      (5)   by electronic mail to the address provided for that purpose to 811 Chicago by the respondent.
   (f)   In all non-emergency situations, if requested by the respondent, the respondent shall have at least 15 days after the date of mailing or other service of a Notice of Hearing to prepare for a hearing. For purposes of this section, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare.
(Added Coun. J. 11-16-16, p. 37901, Art. VI, § 3; Amend Coun. J. 9-14-21, p. 35804, § 1)