(a) If the Director determines that a Retail Establishment (including an ABC Licensee) has violated Section 5802, the Director may issue a Notice of Violation to the Retail Establishment, the owner of real property where the violation occurred, and/or other person(s) the Director deems responsible for causing the violation (collectively, “Responsible Parties”). The issuance of the Notice of Violation may be by hand delivery, registered mail, or electronic mail. The Notice of Violation may be directed at one or more Responsible Parties; use herein of the singular term “Responsible Party” is merely for ease of reference.
(b) The Notice of Violation shall include the following information:
(1) That the Director has determined that the Retail Establishment has operated in violation of this Article 58;
(2) The alleged acts or failures to act that constitute the basis for the Director’s determination;
(3) That the Director intends to take enforcement action against the Responsible Party, and the nature of that action, including the administrative penalty and enforcement costs to be imposed;
(4) That the Responsible Party has the right to request a hearing before the Director within 15 days after the Notice of Violation is issued, which request must be made in writing.
(c) If no request for a hearing is filed with the Director within the appropriate period, the right to request a hearing shall be deemed waived, and the Director’s determination shall become final and effective 15 days after the Notice of Violation was issued. The Director shall issue an order imposing the enforcement action, and shall send the order to the Responsible Parties by hand delivery, registered mail, or electronic mail. In subsequent civil proceedings, such violations shall be deemed not to have been corrected. The failure of the Responsible Party to request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude the Responsible Party from obtaining judicial review of the validity of the enforcement action.
(d) Upon a timely request for a hearing, the Director shall, within 15 days of the request, notify the Responsible Party of the date, time, and place of the hearing. Such notification may be made by hand delivery, registered mail, or electronic mail. The Director shall make available to the Responsible Party any evidence obtained in support of the Notice of Violation. Such hearing shall be held no later than 60 days after the Director receives the request, unless time is extended by mutual agreement of the Responsible Party and the Director.
(e) The Director shall serve as hearing officer and conduct the hearing, or the Director shall designate another person to serve as hearing officer, who shall have the same authority as the Director to hear and decide the case and make any orders consistent with this Article 58. The Responsible Party may present evidence for consideration, subject to any rules adopted by the hearing officer for the orderly conduct of the hearing. Within 60 days of the conclusion of the hearing, the hearing officer shall render a decision in the form of a written order, which the Director shall promptly serve on the Responsible Parties. Service of the written order may be made by hand delivery, registered mail, or electronic mail. The order shall state whether the Notice of Violation has been upheld (in whole or in part), and the enforcement action taken against each party.
(f) If the order directs the Responsible Party to pay an administrative penalty and/or enforcement costs, such amount shall be paid within fifteen days from the mailing of the order; the order shall inform the Responsible Party of such deadline for payment.