Louisiana Administrative Code
Title 51 - PUBLIC HEALTH-SANITARY CODE
Part XII - Water Supplies
Chapter 7 - Accompanying Guidelines to the Civil Penalty Assessment Rule [formerly Appendix B]
Section XII-709 - Mitigation Guidance [formerly section 5.1 of paragraph V of appendix B]
Universal Citation: LA Admin Code XII-709
Current through Register Vol. 50, No. 9, September 20, 2024
A.Section 507. C of the "Civil Penalty Assessment Rule" (Chapter 5 of this Part) allows the state health officer to mitigate penalties that have been imposed generally either upon proof that all of the provisions in the administrative compliance order have now been complied with or upon compliance with terms of a stipulation and agreed order. The following guidance will be used by the state health officer upon such mitigation proceedings.
1. When
considering mitigation of the imposed penalty upon receipt of written
application requesting such mitigation, the state health officer shall have the
discretion to reduce the imposed penalty beginning at a reduction rate of 0
percent up to no more than 90 percent. The ordinarily expected mitigation
reduction rate shall be 50 percent of the assessed penalty for the first 60
days of assessed penalty and an 80 percent reduction rate for penalties
assessed beyond day 60. Using this procedure, if the end result of the
calculated mitigated penalty amount is less than the minimum mitigation limits
specified in §507. C of the "Civil Penalty Assessment Rule" (Chapter 5 of this
Part), the minimum mitigation limits specified therein shall apply.
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:5.9 (A)(4).
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