The proposed bill would amend current statutes related to inspections of regulated persons by requiring agencies to provide a written notice of opportunity to correct alleged deficiencies identified during inspections. Specifically, it mandates that an agency must give a regulated person a chance to rectify any deficiencies unless the agency documents that the deficiencies are intentional, part of a pattern, not correctable in a reasonable time, or pose a significant risk to public health or safety. The bill also clarifies that an agency can only take enforcement action if the regulated person fails to correct the deficiencies or if the agency determines they have not been corrected within a reasonable timeframe.

Additionally, the bill introduces new definitions for "inspection" and "notice of violation," specifying that an inspection includes any agency action to determine compliance with regulatory requirements. It also narrows the scope of written notices to only inspections, rather than all investigations, and allows for electronic documentation of compliance notifications. The bill aims to enhance the due process rights of regulated persons while ensuring that agencies can still act swiftly in cases of imminent danger to public health or the environment.

Statutes affected:
Introduced Version: 41-1009
House Engrossed Version: 41-1009