The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if an assessment conference has been held, the reassessed or affirmed penalty to the Commission, to be held in escrow, within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the assessment conference examiners action, whichever is later. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under §12.682 of this title (relating to Formal Review of Notice of Violation or Cessation Order).