1. (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. (1) The small business corrected the violation within thirty (30) days of receiving notice of a violation or a citation; or
   2. (2) The violation was the result of an excusable misunderstanding of the Board's interpretation of a rule.

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

   1. (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. (2) The small business did not exercise good faith in complying with a statute, ordinance or rule;
   3. (3) The violation involved willful or criminal conduct by the small business;
   4. (4) The violation resulted in a serious health, safety or environmental impact; or
   5. (5) The fine or penalty was assessed pursuant to federal law and for which no waiver was authorized by federal law or regulation.

<i>¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-02 (after the 7-14-02 expiration of this emergency action), Section 158:1-7-3 was no longer effective, and remained as such until added by permanent action on 7-26-03.</i>

Added at 19 Ok Reg 1243, eff 2-1-02 through 7-14-02 (emergency)¹

Added at 20 Ok Reg 2649, eff 7-26-03

Amended at 31 Ok Reg 892, eff 9-12-14