Whenever the Department seeks to assess a Penalty on any person, such person shall be deemed, effective 21 days after the date of issuance of the Penalty Assessment Notice [see 310 CMR 5.08], to have waived the right to an adjudicatory hearing unless, within 21 days of the date of issuance of the Penalty Assessment Notice, such person files with the Department (i.e. the Department receives) a written statement that does either or both of the following, and does so subject to and in compliance with applicable provisions of 310 CMR 1.00: Adjudicatory Proceedings

1. (1) denies the occurrence of the act(s) or omission(s) alleged by the Department in the Penalty Assessment Notice.
2. (2) asserts that the money amount of the proposed Penalty is excessive.