Sec. 360.402. - Complaints.

(a) Complaints alleging a violation of Chapter 362 , Chapter 368 or Chapter 376 , of an attainment plan or of the rules or an order of the Board may be filed with the Director, on a form prescribed by the Board, and may only be filed based on sufficient cause of an alleged violation. The Director may initiate complaints. In a complaint filed by the Director, the Director shall be designated as the complainant and the alleged violator shall be designated as the respondent. In a complaint filed by another person, the person filing the complaint shall be designated as the complainant and the alleged violator shall be designated as the respondent. As many persons may be joined in one proceeding as are alleged to have participated in the alleged violation. (b) The complaint shall be in writing and shall include the following: (1) The name and last known address of the alleged violator. (2) The number and the nature of the charges, and the basis thereof, which, if true, would constitute one or more violations of Chapter 362 , Chapter 368 or Chapter 376 , of the attainment plan or of the rules of the Board. (3) A statement advising the respondent that: (i) He may, but need not, be represented by counsel of his choice and at his expense. (ii) He is entitled to the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other evidence relevant to the matter to be heard. (iii) Failure to appear may result in a default being entered and action being taken according to the evidence before the Board. (c) The Director shall serve or cause to be served a copy of the complaint and notice of hearing upon the respondent, either personally or by registered or certified mail, addressed to the respondent at his last known address, as it appears on the records of the Division, at least 20 days before the time fixed for the hearing. Proof of service shall be filed with the Board but failure to file proof of service shall not invalidate a hearing held or action taken by the Board on the basis of the complaint. (Ord. 84-674-684, § 1; Ord. 88-117-123, § 6)