(a) A written response in a form prescribed by the board shall be served upon the department and filed with the board within five days of receipt of the notice of violation.
(b) If the allegation in the notice of violation is one for which a hearing is not required by section 24-257 of this code, and is contested, then the respondent must either:
(1) Include a copy of any tunneling permit or certificate that the respondent asserts was issued by the department; or
(2) Deny that such tunneling permit or certificate is required by law.
(c) If any of the allegations in the notice of violation are those for which a hearing is required by section 24-257 of this code, and are contested, the written response shall contain a concise statement of the facts constituting each ground of defense.
(d) If allegations in the notice of violation are admitted the written response of the respondent shall consist of:
(1) A statement that he or she admits all of the material allegations to be true; and
(2) A statement of any attempts subsequent to service of the notice of violation to comply with this code or with the order or regulation.
(e) Failure of the respondent to serve a written response within the time provided shall be deemed to constitute a waiver of his or her right to appear and contest the allegations in the notice.