(1) To assess an administrative penalty, the Authority shall issue a Penalty Assessment Notice to the Person to be assessed the penalty. Each penalty shall be based on a Violation that occurred on or after May 1, 1987, and, at the time it occurred, constituted noncompliance with a Requirement:

1. (a) Which was then in effect;
2. (b) To which that Person was then subject; and
3. (c) To which Authority regulations apply.

(2) A Penalty Assessment Notice shall:

1. (a) Contain a concise statement of the Violation and date of Violation for each penalty to be assessed;
2. (b) State the money amount to be assessed as a penalty for each Violation and the factors considered by the Authority in determining this amount;
3. (c) State that the Person to be assessed the penalty has a right to a hearing on such assessment according to 360 CMR 1.00 and 2.00;
4. (d) Identify the appeal procedure to be complied with by the Person to be assessed the Penalty in order for the Person to avoid waiving its right to a hearing under 360 CMR 1.00 and 2.00; and
5. (e) Identify the method and deadline for payment of the penalty if the Person to be assessed the penalty waives his right to a hearing.