(a) Before the 21st day after the date the person receives notice under Section 486.023, the person in writing may:
(1) accept the determination and recommended penalty; or
(2) make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended penalty or if the person fails to respond to the notice, the department by order shall impose the penalty.