23 Neb. Admin. Code, ch. 21, § 009

Current through September 17, 2024

Section 23-21-009 - Fines

009.01 When it is determined that an administrative fine is an appropriate penalty, the actual amount of such fine is calculated by taking the base fine of five thousand dollars per violation and adjusting as set forth In this section.

009.02 Gravity adjustment criteria. The base fine may be reduced by considering the gravity of harm of the violation and the gravity of misconduct.

009.02A Gravity of harm.

Violation	Circumstances	Value
Department's Ability to Enforce the Act	Violation significantly interfered with Department's ability to enforce the Act	5
	Violation moderately interfered with Department's ability to enforce the Act	3
	Violation slightly interfered with Department's ability to enforce the Act	1
	Violation did not interfere with Department's ability to enforce the Act	0
Harm to Industry	Actual harm which is both serious and widespread to animal industry.	5
	Actual harm which is either serious or widespread to animal industry.	4
	Potential serious harm to animal industry.	3
	Minor actual harm to animal industry.	2
	Minor potential harm to animal industry.	1
	No potential harm to animal industry.	0
Extent of Violations	Violations so widespread and pervasive disease control was made impossible	5
	Numerous or widespread violations greatly affecting disease control	4
	Moderately widespread effect disease control	3
	Less widespread effect on disease control	2
	Only a minor violations affecting disease control	1
	No violations affecting disease control	0

009.02B Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years.

Violation	Circumstances	Value
Compliance History	Two or more prior violations	3
	One prior similar to violation	2
	One prior unrelated violation	1
	No prior violations	0
Culpability	Knowing or willful violation.	5
	Violation resulting from faulty, careless, or negligent action	3
	Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action	0
Failure to Take Remedial Efforts	Violator failed to cooperate with Department's investigation	3
	Violator failed to notify the Department of the violation and failed to correct the violation	2
	Violator either failed to notify the Department of the violation or failed to correct the violation	1
Financial Gain	Violation has or could have resulted in financial gain for violator.	3
	No financial gain to violator as a result of violation	0

009.02C To determine the adjusted fine, the base fine is adjusted based on the total number of points calculated from 23 NAC 21-009.02A and 009.02B and multiplying the base fine by the gravity adjustment percentage of base value.

Total Gravity Value	Adjustment
3 or below	25% of base value
4-6	50% of base value
7-10	75% of base value
11 or above	100% of base value

009.03 To determine the actual administrative fine, the adjusted fine is multiplied by the appropriate value corresponding with the size of size of business.

Gross Revenue	Multiplier Value
$ 0-25,000	0.2
$25,001-100,000	0.4
$100,001-250,000	0.6
$250,001-500,000	0.8
over $500,001	1.0

009.04 Nothing in these regulations prevents the Department from entering into a settlement agreement which specifies a different fine.

23 Neb. Admin. Code, ch. 21, § 009

Adopted effective 9/24/2022