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(a) Upon receipt of respondent's report, or at the expiration of the service period if no report is served, the deputy commissioner shall review the record of the case, and shall, in his discretion, thereafter issue a compliance order.
(b) In addition to any findings and conclusions required by sec. 20(e)(3) of this chapter, the compliance order will contain findings of fact that
(1) there exists an actual or threatened violation which the respondent has caused or permitted;
(2) where a report has been submitted, and the corrective or preventive measures specified in the order differ from or supplement the measures proposed in the report, the measures specified in the report will not provide a reasonable assurance of correction of the actual violation or prevention of the threatened violation; and
(3) the measures specified in the order will provide a reasonable assurance of correction or prevention.
(c) The findings made in the notice of intent may be incorporated by reference.
(d) The order will specify the measures to be taken by the respondent. No deadline will be imposed which expires sooner than 30 days from the date of service of the order.
(e) The order will inform the respondent of his right to an adjudicatory hearing. It will also inform the respondent that his failure to serve upon the commissioner a notice of defense requesting a hearing within 30 days of service of the order constitutes a waiver of respondent's rights to judicial review of the order.
(f) The order will be accompanied by a notice-of-defense form.
(g) The order will designate the prosecuting office.
History: Eff. 7/24/77, Register 63
Authority: AS 46.03.020 (10)
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Last modified 7/05/2006