1. (1) The department may also choose to issue a warning, in lieu of penalty, where the penalty matrix allows. Any warning in lieu of penalty shall be issued in the department's sole discretion.

2. (2) The department may consider circumstances enhancing or reducing the penalty based on the seriousness of the violation. Aggravating and mitigating factors include the following:

   1. (a) the number of separate alleged violations for a given inspection or incident date;
   2. (b) the magnitude of the harm, or potential harm, including quantity or degree, to humans, non-target species, property, or the environment caused by the violation;
   3. (c) the similarity of the current alleged violation to violations committed by the pesticide applicator or business; and
   4. (d) the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.
3. (3) The department will review past violation trends and update the penalty matrix based on compliance history annually. A copy of the penalty matrix shall be made available from the department upon request.

In the disposition of administrative cases, the department shall use a penalty matrix to determine appropriate penalties. The penalty amount shall be from $50-500 per violation. The department shall calculate penalties based on the level of violation and the adverse effect or potential adverse effects at the time of the incident giving rise to the violation. The median penalty shall be assessed unless a proportionate adjustment is warranted or there are aggravating or mitigating factors present.

KEY: inspections, pesticides

Date of Last Change: September 7, 2022

Notice of Continuation: November 17, 2025

Authorizing, and Implemented or Interpreted Law: 4-14-106