Current through Vol. 42, No. 7, December 16, 2024
Section 165:5-19-2 - Waiver or reduction of fines and penalties upon small business(a)Fines and penalties may be waived against small business. Pursuant to 75 O.S. § 506, any fine or penalty levied against a small business pursuant to the contempt procedure provided in this Subchapter may be waived or reduced by the Commission if: (1) The small business corrects the violation within thirty (30) days of receiving a complaint, summons and notice of citation for contempt, or other form of citation; or(2) The violation was the result of an excusable misunderstanding of the Commission's interpretation of a rule.(b)Circumstances when no waiver or reduction may occur. A waiver or reduction of a fine or penalty may not occur under any of the following circumstances:(1) A small business has been notified of the violation of a statute or Commission rule by the Commission pursuant to proper procedure 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 or Commission 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)Small business defined. For the purposes of the waiver or reduction of a fine or penalty pursuant to 75 O.S. § 506, the term "small business" means a for-profit enterprise consisting of fifty (50) or fewer full-time or part-time employees.Okla. Admin. Code § 165:5-19-2
Amended at 20 Ok Reg 2293, eff 7-15-03