SECTION 158:10-5-3. Waiver or Reduction of Administrative fine or penalty

(a)   Pursuant to the Oklahoma Small Business Regulatory Flexibility Act, a small business which is regulated by the Board can request a waiver or reduction in an administrative fine or penalty. An administrative fine or penalty may be waived by the Board against a small business if:

(1)   The small business corrected the violation within thirty (30) days of receiving notice of a violation or a citation; or

(2)   The violation was the result of an excusable misunderstanding of the Board's interpretation of a rule.

(b)   The Board may not grant a waiver or reduction if:

(1)   The small business was notified of the violation of a statute, ordinance or rule by the Board, i.e., given a warning prior to the issuance of an administrative fine or penalty;

(2)   The small business did not exercise good faith in complying with a statute, ordinance or rule;

(3)   The violation involved willful or criminal conduct by the small business;

(4)   The violation resulted in a serious health, safety or environmental impact; or

(5)   The fine or penalty was assessed pursuant to federal law and for which no waiver was authorized by federal law or regulation.

[Source: Added at 20 Ok Reg 2650, eff 7-26-03; Amended at 31 Ok Reg 897, eff 9-12-14]