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If a Respondent defaults in a Petroleum Storage Tank (PST)
enforcement case, the Commission policy is to revoke the
Respondent's delivery certificate if the Respondent fails to file
an answer, or fails to participate in either the preliminary or
evidentiary hearing once a matter is referred to the State Office
of Administrative Hearings (SOAH).
To implement this policy, the agency's enforcement petitions
conspicuously inform the Respondent that if he fails to answer or
participate in any hearing held, the Executive Director will ask
the Commission to revoke the Respondent's delivery certificate. In
pending cases, amended petitions will be filed which include the
remedy of revocation upon default. Staff will additionally notify
the Respondent through a cover letter and will attempt to contact
Respondent by telephone to further inform the Respondent that
revocation will be pursued if the Respondent fails to answer or
participate in any hearing held. Where a delivery certificate is
held by a party that is not otherwise a part of an enforcement
case, petitions will be served to both the owner and the operator
of the station, since both are affected by the revocation.
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