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Revocation of PST Delivery Certificate in Case of Default

Explains the agency's policy of revoking a PST delivery certificate if a respondent defaults in a PST enforcement case.

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.