(a) The filing of a notice of contest of a citation or order issued under section 104 of the Act, 30 U.S.C. 814,does,30.S.C. 815(a), which is based on that citation or order. A challenge to such a proposed penalty assessment must be filed as a separate notice of contest of the proposed penalty assessment. See § 2700.26.

(b) An operator's failure to file a notice of contest of a citation or order issued under section 104 of the Act, 30 U.S.C. 814,shall,in,the.