- (a) A party may appeal the Hearing Officer's order assessing civil penalties over $100,000.00 to the Administrator within 21 days of the date of the issuance of the Hearing Officer's order.
- (b) The Administrator will affirm the decision of the Hearing Officer unless the Administrator finds that the Hearing Officer's decision was unsupported by the record as a whole.
(c) If the Administrator finds that the decision of the Hearing Officer was unsupported, in whole or in part, then the Administrator may:
- (1) Assess or modify a civil penalty;
- (2) Rescind the Notice of Violation; or
- (3) Remand the case back to the Hearing Officer for new or additional proceedings.
- (d) In the absence of a remand, the decision of the Administrator in an appeal is a final agency action.