(a) Any person qualified to receive 30-day decision may waive that right:

1. (1) By filing an application pursuant to Subchapter 9 of this Chapter;
2. (2) By failing to comply with all the requirements of 460:2-11-5(a); or
3. (3) In accordance with 460:2-11-8(j).

(b) Any person qualified to receive a 30-day decision shall waive that right:

1. (1) By obtaining temporary relief pursuant to Section 786C or Section 787 of the act;
2. (2) By failing to perfect an application pursuant to 460:2-11-5(b); or
3. (3) In accordance with 460:2-11-8(i).