24B   Circumstances when agency is not required to conduct a review

(1)  An agency that receives an application for a review of a decision to issue a penalty notice is not required to conduct a review of the decision under this Division in any of the following circumstances:

(a)  the agency notifies the applicant in writing, within 10 days after receiving the application, that it has decided not to conduct a review under this Division and gives reasons for its decision,

(b)  a review of the decision has already been conducted under this Division,

(c)  such other circumstances as may be prescribed by the regulations.

(2)  An agency that decides not to conduct a review may take such other action as it sees fit, including withdrawing the penalty notice to which an application relates.