§ 536.320 — Waiver or reduction of administrative penalties, when — inapplicability, when.

Missouri § 536.320

• Jurisdiction: Missouri
• Title XXXVI: STATUTORY ACTIONS AND TORTS
• Ch. 536: Administrative Procedure and Review

Text

1.  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.

Legislative History

(L. 2004 H.B. 978 § 536.325)