SECTION 460:2-7-5. Review of waiver determination

(a)   Within 10 days of the filing of a petition for review of a proposed assessment of a civil proceeding, the petitioner may move the hearing examiner to review the granting or denial of a waiver of the civil penalty formula pursuant to I DOM/RR Section 845.16.

(b)   The motion shall contain a statement indicating all alleged facts relevant to the granting or denial of the waiver.

(c)   Review shall be limited to the written determination of the Director granting or denying the waiver, the motion and the responses to the motion. The standard of review shall be abuse of discretion.

(d)   If the hearing examiner finds that the Director abused his discretion in granting or denying the waiver, the hearing examiner shall hold the hearing on the petition for review of the proposed assessment required by Section 769B of the act and make a determination pursuant to 460:2-7-8.