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§ 506. Waiver of administrative penalties or fines

Oklahoma Statutes AnnotatedTitle 75. Statutes and Reports

Oklahoma Statutes Annotated
Title 75. Statutes and Reports (Refs & Annos)
Chapter 10. Oklahoma Small Business Regulatory Flexibility Act
75 Okl.St.Ann. § 506
§ 506. Waiver of administrative penalties or fines
Currentness
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:
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 Act1 to implement the requirements of this section.

Credits

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

Footnotes

1
Title 75, § 250 et seq.
75 Okl. St. Ann. § 506, OK ST T. 75 § 506
Current with emergency effective legislation through Chapter 29 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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