SECTION 460:20-59-6. Service of notices of violation, cessation orders, and show-cause orders

(a)   A notice of violation, cessation order, or show-cause order shall be served on the person to whom it is directed or his or her designated agent promptly after issuance, as follows:

(1)   By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry, appears to be in charge. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(2)   As an alternative to Paragraph (a) (1) of this Section, service may be made by sending a copy of the notice or order by certified mail or by hand to the permittee or his or her designated agent. Service shall be complete upon tender of the notice or order or of the mail and shall not be deemed incomplete because of refusal to accept.

(b)   Designation by any person of an agent for service of notices and orders shall be made in writing to the Department.