Sec. 26.20.32.04. Formal Review

A. The person against whom the final penalty has been assessed may request formal review of the final assessment by submitting a petition and an amount equal to the final assessment to the Bureau within 30 days from receipt of the Notice of Final Assessment. The formal review hearing shall be conducted in accordance with COMAR 26.20.34. If the person has requested formal review of the underlying violation under COMAR 26.20.31.09, and the fact of the violation has not been adjudicated, formal review of the final assessment may be combined with formal review of the violation.

B. The fact of the violation may not be contested if the person has not requested a hearing to review the notice of violation or cessation order in accordance with COMAR 26.20.31.09, or if the fact of the violation has been decided in a review proceeding under COMAR 26.20.31.

C. At the conclusion of an adjudicatory hearing on an assessment, the hearing officer may increase or decrease the amount set by the Bureau's Notice of Final Assessment.