(a) A possible violator may request settlement of a penalty proceeding by agreement. If the executive director determines that settlement by agreement in lieu of a penalty is in the best interest of the commission, he may submit to the commission a proposed settlement agreement in lieu of a penalty. No settlement will be considered by the commission unless the possible violator has indicated to the commission acceptance of the terms of the agreement and the intention to comply with all requirements of the settlement agreement including payment of any settlement amount within the time period provided.

(b) If the commission determines not to approve a settlement agreement, the commission may proceed with a penalty action in accordance with this Part.