Current through the 2024 Regular Session
Section 25-43-4.107 - Waiver of or reduction in administrative penalty or fine under certain circumstances(1) 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: (a) The small business corrects the violation within thirty (30) days or less after receipt of a notice of violation or citation;(b) The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule; or(c) The agency determines that the small business is making a good-faith effort to comply with the statute, ordinance or rule.(2) Subsection (1) of this section shall not apply when:(a) A small business fails to exercise good faith in complying with the statute, ordinance or rule;(b) A violation involves criminal conduct;(c) A violation results in serious health, safety or environmental impact; or(d) 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. Laws, 2012, ch. 454, § 7, eff. 7/1/2012.Reenacted by Laws, 2016, ch. 411, HB 819, 7, eff. 7/1/2016.