SECTION 460:2-19-1. Petition for discretionary review of a proposed civil penalty

(a)   Any party may petition the Director to review an order or decision by a hearing examiner disposing of a civil penalty proceeding under 460:2-7-1.

(b)   A petition filed under this section shall be filed on or before 30 days from the date of receipt of the order or decision sought to be reviewed and the time for filing may not be extended.

(c)   A petitioner under this section shall list the alleged errors of the hearing examiner and shall attach a copy of the order or decision sought to be reviewed.

(d)   Any party may file with the Director a response to the petition for review within 10 days of receipt of a copy of such petition.

(e)   Not later than 30 days from the filing of a petition under this section, the Director shall grant or deny the petition in whole or in part.

(f)   If the petition is granted, the rules in 460:2-19-4 through 460:2-19-7 are applicable and the Director shall use the point system and conversion table contained in I DOM/RR Part 845 in recalculating assessments; however, the Director shall have the same authority to waive the civil penalty formula as that granted the hearing examiner in 460:2-7-8(b). If the petition is denied, the decision of the hearing examiner shall be final for the Department.