Waiver of or reduction in administrative penalty or fine under certain circumstances

1. Law
2. Mississippi Code
3. Public Officers and Employees; Public Records
4. Administrative Procedures
5. Mississippi Small Business Regulatory Flexibility Act
6. Waiver of or reduction in administrative penalty or fine under certain circumstances

1. 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;
   2. The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule; or
   3. The agency determines that the small business is making a good-faith effort to comply with the statute, ordinance or rule.
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 criminal conduct;
   3. A violation results in serious health, safety or environmental impact; or
   4. 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.

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