La. Admin. Code tit. 51 § XII-709

Current through Register Vol. 50, No. 11, November 20, 2024

Section XII-709 - Mitigation Guidance [formerly section 5.1 of paragraph V of appendix B]

A.Section 507. C of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part) allows the state health officer to mitigate penalties that have been imposed generally either upon proof that all of the provisions in the administrative compliance order have now been complied with or upon compliance with terms of a stipulation and agreed order. The following guidance will be used by the state health officer upon such mitigation proceedings.

1. When considering mitigation of the imposed penalty upon receipt of written application requesting such mitigation, the state health officer shall have the discretion to reduce the imposed penalty beginning at a reduction rate of 0 percent up to no more than 90 percent. The ordinarily expected mitigation reduction rate shall be 50 percent of the assessed penalty for the first 60 days of assessed penalty and an 80 percent reduction rate for penalties assessed beyond day 60. Using this procedure, if the end result of the calculated mitigated penalty amount is less than the minimum mitigation limits specified in §507. C of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part), the minimum mitigation limits specified therein shall apply.

La. Admin. Code tit. 51, § XII-709

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 28:1333 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).