Section 536.320

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 536

Effective - 28 Aug 2004   

  536.320.  Waiver or reduction of administrative penalties, when — inapplicability, when. — 1.  Any state agency authorized to assess administrative penalties or administrative fines upon a small business may consider waiving or reducing any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions:

  (1)  The small business corrects the violation within thirty days after receipt of a notice of violation or citation;

  (2)  The violation was unintentional or the result of excusable neglect;

  (3)  The violation was the result of an excusable misunderstanding of a state agency's interpretation of a rule; or

  (4)  The small business self-identifies the violation.

  2.  Subsection 1 of this section shall not apply when:

  (1)  A small business fails to exercise good faith in complying with the statute, ordinance, or rule;

  (2)  A violation involves willful or criminal conduct;

  (3)  The violation is deemed by the state agency to be egregious;

  (4)  A violation results in serious health, safety, or environmental impact;

  (5)  The penalty or fine is assessed pursuant to a federal law or regulation for which no waiver or reduction is authorized by the federal law or regulation; or

  (6)  There is a continuing pattern of similar violations by the small business.

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(L. 2004 H.B. 978 § 536.325)