1. (a) A filer may request the commission to waive or reduce a late fine by submitting an affidavit to the executive director that states the filer's reasons for requesting a waiver or reduction.

2. (b) The commission may waive or reduce a late fine if the commission finds that a waiver or reduction is in the public interest and in the interest of justice. The commission shall consider the following before acting to waive or reduce a fine:

   1. (1) the facts and circumstances supporting the filer's request for a waiver or reduction;
   2. (2) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the fine;
   3. (3) any history of previous violations by the filer;
   4. (4) the demonstrated good faith of the violator, including actions taken to rectify the consequences of the violation;
   5. (5) the fine necessary to deter future violations; and
   6. (6) any other matter that justice may require.
3. (c) After hearing the waiver request, the commission by majority vote may affirm, reduce, or waive the fine.

Source Note:The provisions of this §18.25 adopted to be effective January 6, 2002, 27 TexReg 130.