Failure to file an application for review of a notice of violation or order of cessation shall not preclude challenging the fact of the violation during a civil penalty proceeding. Failure to file an application for review of a notice of violation pursuant to this Subchapter and failure to challenge the fact of the violation during a civil penalty proceeding shall result in the notice of violation becoming a final order of the Department.
Okla. Admin. Code § 460:2-9-4