(1) The department shall serve on each individual to be assessed an individual civil penalty a notice of violation and penalty order.
(2) The notice of violation and penalty order becomes a final order 30 days after service upon the individual unless:
(a) the individual files within 30 days of service of the notice of violation and penalty order a request for hearing pursuant to 82-4-254 (3) , MCA; or
(b) the department and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty assessment to a schedule or plan for the abatement or correction of the violation, failure or refusal.
(3) For purposes of this section, service is sufficient if it would satisfy Rule 4 of the Montana Rules of Civil Procedure for service of a summons and complaint.
(4) The hearing on the individual civil penalty must be a contested case hearing conducted in accordance with 82-4-206 (2) , MCA.