SECTION 460:2-7-3. Contents of petition; payment required

(a)   A petition for review of a proposed assessment of a civil penalty shall include:

(1)   A short and plain statement indicating the reasons why either the amount of the penalty or the fact of the violation is being contested;

(2)   If the amount of penalty is being contested based upon a misapplication of the civil penalty formula, a statement indicating how the civil penalty formula contained in I DOM/RR Part 845 was misapplied, along, with a proposed civil penalty utilizing the civil penalty formula;

(3)   Identification by number of all violations being contested;

(4)   The identifying number of the cashier's check, certified check, bank draft, personal check, or bank money order accompanying the petition; and

(5)   A request for a hearing site.

(b)   The petition shall be accompanied by:

(1)   Full payment of the proposed assessment in the form of a cashier's check, certified check, bank draft, personal check or bank money order made payable to Assessment Office, Department of Mines, to be placed in an escrow account pending final determination of the assessment; and

(2)   On the face of the payment an identification by number of the violations for which payment is being tendered.

(c)   As required by Section 769C of the act, failure to make timely payment of the proposed assessment in full shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.