Determination of penalty

(a) Following a hearing or after the employer has waived the right to request a hearing, the Commissioner may uphold or modify the civil penalty assessment, such determination shall be within the sole discretion of the Commissioner. (b) If the employer requests a hearing, but the Commissioner denies the request for a hearing, the total civil penalty assessed in the Notice shall be the final civil penalty. (c) If the employer does not request a hearing or respond in writing to the Notice, the total civil penalty assessed in the Notice shall be the final civil penalty unless otherwise modified by the Commissioner.