A. Notwithstanding any other law of this state, any agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce 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 (30) days or less after receipt of a notice of violation or citation; or
2. The violation was the result of an excusable misunderstanding of an agency’s interpretation of a rule.
B. Subsection A of this section shall not apply when:
1. A small business has been notified of the violation of a statute, ordinance, or rule by the agency pursuant to paragraph 1 of subsection A of this section and has been given a prior opportunity to correct the violation on a prior occasion;
2. A small business fails to exercise good faith in complying with the statute, ordinance, or rule;
3. A violation involves willful or criminal conduct;
4. A violation results in serious health, safety, or environmental impact; or
5. The penalty or fine is assessed pursuant to a federal law or regulation and for which no waiver or reduction is authorized by the federal law or regulation.
C. An agency shall promulgate rules pursuant to the Administrative Procedures Act to implement the requirements of this section.
Added by Laws 2002, c. 495, § 6, eff. July 1, 2002.
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