(1) When an inspector has determined that a violation of Title 50, chapter 53, MCA, or these rules has occurred, the inspector shall provide a written notice of violation to the on-site operator of the facility which:

(a) identifies the factual basis for the alleged violation;

(b) identifies any specific statute or administrative rule alleged to have been violated;

(c) notifies the licensee or license applicant if the department is ordering the suspension of the license or the emergency closure of the swimming pool, spa, or other water feature;

(d) notifies the licensee or license applicant or operator of any corrective action the department is ordering as necessary to remedy any violation identified in the notice;

(e) notifies the licensee or license applicant of the right to submit a corrective action plan within ten days; and

(f) notifies the licensee or license applicant of the right to request a fair hearing to dispute any suspension or cancellation of the license or emergency closure of the swimming pool, spa, or other water feature or to dispute any corrective action ordered by the department.

(2) In a notice of violation, the department may also order the license applicant or licensee to appear before the department within a time specified by the department to show cause why the department should not deny, suspend, or cancel the license or otherwise order compliance with Title 50, chapter 53, MCA, and these rules.

(3) The suspension of a license or order of emergency closure or any order by the department for corrective action becomes final ten days after it is served upon the licensee or license applicant, unless the licensee or license applicant:

(a) requests a fair hearing; or

(b) submits a corrective action plan that meets the requirement of 50-53-213, MCA, and ARM 37.115.2103.

(4) The written notice of violation may be provided by hand delivery to the licensee, the license applicant, or the facility's on-site operator, by facsimile, or by other electronic means, including, but not limited to, a scan of the notice form sent as an attachment to e-mail. The written notice of violation shall also be mailed by U.S. mail, postage prepaid, to the licensee or the license applicant at the address provided in the license application. The service of the notice is complete upon mailing.

(5) The department may amend its notice of violation at any time up to seven working days prior to any hearing requested as a result of the notice of violation. A licensee, license applicant, or operator may request a reasonable delay in any hearing proceedings if the notice of violation is amended within 30 days of the date set for hearing and the nature of the amendment means that the licensee, license applicant, or operator reasonably needs additional time to prepare for the hearing.