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)
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