(a) Upon allegation(s) of non-compliance with applicable law, or upon its own initiative, the board may conduct an inquiry as to the sufficiency of any alleged violations. If the board finds any grounds to indicate that a violation(s) may have occurred, the board may, as the public interest demands, send a notice of apparent liability to the alleged violator seeking a response.

(b) The board shall mail a copy of the notice of apparent liability to the last known business address of the alleged violator. Mailing of the notice shall be deemed receipt thereof.

(c) The alleged violator shall respond to the notice not later than thirty-five (35) days from the date the board mailed such notice.

(d) The board will evaluate such response, conduct a review based on the evidence before it, and provide notice of its decision to the alleged violator within sixty (60) days of receipt of the response. Mailing of the decision shall be deemed receipt thereof.

(e) If the alleged violator disputes the board decision, such violator may file an administrative appeal with the board by requesting in writing an administrative hearing, within ten (10) days of receipt of the decision. The administrative hearing shall be subject to Article 3 of the State Administrative Procedure Act (SAPA).

(f) If the alleged violator does not file an administrative appeal by requesting a hearing in writing within ten (10) days of receipt of such decision, the initial decision of the board is deemed the final board decision and the alleged violator shall remit to the board a fine payable to the "State Consumer Protection Board" as set out in the initial decision of the board, within ten (10) days of receipt the initial decision of the board.

(g) If an administrative appeal is properly filed, the board shall stay any fine pending the decision of such appeal.

(h) During the hearing proceeding, the board may establish evidentiary rebuttable presumption(s).

(i) Any facts or evidence received by the board may be used in any proceeding and shall be afforded appropriate consideration by the presiding officer. All evidence shall be kept in the custody of the presiding officer.

(j) Where it is determined after the administrative hearing that the alleged violator has violated one or more provisions of these regulations, the presiding officer may assess a fine not to exceed eleven thousand dollars ($11,000) for each violation.

(k) If the alleged violator requests an administrative appeal pursuant to paragraph (e) of this section and an administrative hearing is held, the administrative hearing decision shall constitute a final board decision. Violators shall remit to the board a fine payable to the "State Consumer Protection Board" as set out in the administrative hearing decision within ten (10) days of the receipt of such decision.

(l) If the alleged violator does not respond to the notice of apparent liability within thirty five (35) days of receipt of the notice pursuant to paragraph (c) of this section, said notice of apparent liability shall constitute the final board decision. The alleged violator shall remit to the board a fine payable to the "State Consumer Protection Board" as set out in the notice of apparent liability, within sixty (60) days from the date the board mailed such notice.