Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 2 - Procedures of the State Department of Health
Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings
Part 1 - ENVIRONMENTAL HEALTH PENALTIES
Section 310:2-7-3 - Determining penalty

Universal Citation: OK Admin Code 310:2-7-3

Current through Vol. 42, No. 1, September 16, 2024

(a) In general. The following factors may be considered in determining the amount of penalty specified in an Administrative Compliance Order:

(1) the value of efforts to comply with the regulations cited in the notice of violation;

(2) the economic benefit to the violator of noncompliance with the regulations in question; and

(3) an additional amount for deterrence purposes, based upon
(A) the likelihood of the development of adverse health effects caused by the violation,

(B) the severity of environmental degradation or public health effects caused or placed at risk by the violation,

(C) the degree of variance from the applicable standards,

(D) costs of correction of damage, and

(E) bad faith of the Respondent.

(b) Small businesses. If the violator is a "small business" as defined in 75 O.S. § 502, or is a for-profit enterprise consisting of fifty or fewer full-time or part-time employees, the following additional factors may be considered in determining the amount of penalty specified in an Administrative Compliance Order, and whether the penalty should be reduced or waived altogether:

(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 the Department's interpretation of a rule.

Amended at 20 Ok Reg 88, eff 10-29-02 (emergency); Amended at 20 Ok Reg 1180, eff 5-27-03

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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