R51-2-3. Department Actions and Service

(1) Under Section 63G-4-502, the department may issue an emergency order if there is an immediate danger to public health, safety, or welfare. (2) The department may issue a notice of agency action as: (a) a hold order or embargo; (b) a citation where a fine is assessed; or (c) a notice of violation where corrective action is required. (3) A notice of agency action issued under this section shall be in writing and include: (a) the citation or order number; (b) the name and address of the respondent; (c) a brief statement of the facts, the specific evidence found during an inspection, and the statutes or rules violated; (d) any administrative fine amount for a citation, the required corrective actions for a notice of violation, or the specific restrictions on use or movement for a hold order; (e) a mandatory deadline for compliance or payment; (f) a statement of the respondent's right to appeal the department's action in writing within 30 days of the action being taken; (g) a warning that failure to respond or participate may result in the action becoming final; (h) the name and number of a department employee to contact regarding the action; and (i) the signature of the presiding officer or designated representative. (4) The department shall serve a citation or a hold order to a respondent within three business days after the document is signed and dated using one of the following methods: (a) personal delivery; (b) certified mail to the respondent's last known address; or (c) email in a searchable PDF format. (5) A person may not release, move, or alter a product, animal, or condition subject to a hold order issued under this section without a written release from the department. (6) A person may not interfere with a product, animal, or equipment subject to a hold order or embargo that the department has physically tagged or marked, by: (a) removing, defacing, or altering a department tag or mark without written authorization; or (b) otherwise interfering with the physical security of the held item.