536.320. Waiver or reduction of administrative penalties, when--inapplicability, when. - Missouri Statutes

Waiver or reduction of administrative penalties,when--inapplicability, when.

536.320. 1. Any state agency authorized to assess administrativepenalties or administrative fines upon a small business may considerwaiving or reducing any administrative penalty or administrative fine for aviolation of any statute, ordinance, or rules by a small business under thefollowing conditions:

(1) The small business corrects the violation within thirty daysafter receipt of a notice of violation or citation;

(2) The violation was unintentional or the result of excusableneglect;

(3) The violation was the result of an excusable misunderstanding ofa 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 withthe 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 environmentalimpact;

(5) The penalty or fine is assessed pursuant to a federal law orregulation for which no waiver or reduction is authorized by the federallaw or regulation; or

(6) There is a continuing pattern of similar violations by the smallbusiness.

(L. 2004 H.B. 978 § 536.325)