1. (1) Based on the class of violation the owner or operator is found to have committed, the following penalty schedule is used to determine the amount of penalty to be assessed.

   1. (a) Class I - $100;
   2. (b) Class II - $200;
   3. (c) Class III - $400;
   4. (d) Class IV - $500.

2. (2) Penalties assessed for Class I, II, and III violations from facility inspections will be suspended in the following manner:

   1. (a) The first instance of a violation within a three-year period, the penalty will be suspended 100%;
   2. (b) The second instance within a three-year period, the penalty will be suspended 50%;
   3. (c) The third instance of a violation within a three-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed;
   4. (d) A three year period can include any year in the current license cycle the violation occurred in and the two previous years.

3. (3) Penalties assessed for Class I, II, and III violations from records audits will be suspended in the following manner:

   1. (a) The first instance of a violation within six-year period, the penalty will be suspended 100%;
   2. (b) The second instance within a six-year period, the penalty will be suspended 50%;
   3. (c) The third instance of a violation within a six-year period, no percentage of the penalty will be suspended. The full amount of the penalty will be assessed;
   4. (d) A six year period can include any year in the current license cycle the violation occurred in and the two previous cycles.
4. (4) The penalty assessed for Class IV violations will not be suspended at any time.

Statutory/Other Authority

480.380 & 480.380

Statutes/Other Implemented

480.380 & 480.385

History

OSFM 7-2025, amend filed 09/30/2025, effective 09/30/2025
OSFM 8-2018, adopt filed 10/17/2018, effective 10/19/2018