Oklahoma § 75-506 - Waiver of administrative penalties or fines

§ 75-506. Waiver of administrative penalties or fines

A. 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:

1. The small business corrects the violation within thirty (30)

days or less after receipt of a notice of violation or citation; or

2. The violation was the result of an excusable

misunderstanding of an agency’s interpretation of a rule.

B. Subsection A of this section shall not apply when:

Oklahoma Statutes - Title 75. Statutes and Reports

1. A small business has been notified of the violation of a

statute, ordinance, or rule by the agency pursuant to paragraph 1 of

subsection A of this section 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, ordinance, or 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. An agency shall promulgate rules pursuant to the

Administrative Procedures Act to implement the requirements of this

section.

Added by Laws 2002, c. 495, § 6, eff. July 1, 2002.