Current with changes from the 2024 Legislative Session
Section 536.320 - Waiver or reduction of administrative penalties, when - inapplicability, when1. Any state agency authorized to assess administrative penalties or administrative fines upon a small business may consider waiving or reducing any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions: (1) The small business corrects the violation within thirty days after receipt of a notice of violation or citation;(2) The violation was unintentional or the result of excusable neglect;(3) The violation was the result of an excusable misunderstanding of a state agency's interpretation of a rule; or(4) The small business self-identifies the violation.2. Subsection 1 of this section shall not apply when:(1) A small business fails to exercise good faith in complying with the statute, ordinance, or rule;(2) A violation involves willful or criminal conduct;(3) The violation is deemed by the state agency to be egregious;(4) A violation results in serious health, safety, or environmental impact;(5) The penalty or fine is assessed pursuant to a federal law or regulation for which no waiver or reduction is authorized by the federal law or regulation; or(6) There is a continuing pattern of similar violations by the small business. L. 2004H.B. 978 § 536.325