Okla. Admin. Code § 165:5-19-2

Current through Vol. 42, No. 4, November 1, 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