REPORT AND NOTICE OF VIOLATION AND PENALTY

(a) If, after examining a possible violation and the facts relating to that violation, the commission determines that a violation has occurred, the commission shall issue a preliminary report stating: (1) the facts on which the determination is based; (2) that an administrative penalty is to be imposed; and (3) the amount of the penalty. (b) Not later than the 10th day after the date the report is issued, the commission shall send to the person charged with the violation: (1) a copy of the report; (2) a statement of the right of the person to a hearing relating to the alleged violation; (3) a statement of the amount of the penalty; and (4) an explanation for any significant deviation from the penalty amount assessed for similar violations. (c) Until a hearing has been held on the possible violation, the amount to be assessed may be disclosed only to the person charged with the violation, unless that person has waived the right to a hearing or paid the amount to the commission.