Section 24-260. Written response  


Latest version.
  • (a) A written response in a form prescribed
      by  the  board  shall  be  served upon the department and filed with the
      board within five days of receipt of the notice of violation.
        (b) If the allegation in the notice of violation is one  for  which  a
      hearing  is  not  required  by  section  24-257  of  this  code,  and is
      contested, then the respondent must either:
        (1) Include a copy of any tunneling permit  or  certificate  that  the
      respondent asserts was issued by the department; or
        (2) Deny that such tunneling permit or certificate is required by law.
        (c) If any of the allegations in the notice of violation are those for
      which  a  hearing  is  required  by section 24-257 of this code, and are
      contested, the written response shall contain a concise statement of the
      facts constituting each ground of defense.
        (d) If allegations in the notice of violation are admitted the written
      response of the respondent shall consist of:
        (1) A statement that he or she admits all of the material  allegations
      to be true; and
        (2) A statement of any attempts subsequent to service of the notice of
      violation to comply with this code or with the order or regulation.
        (e)  Failure  of the respondent to serve a written response within the
      time provided shall be deemed to constitute a waiver of his or her right
      to appear and contest the allegations in the notice.