[§201M-8] Waiver or reduction of penalties.
(a) Except where a penalty or fine is assessed pursuant to a program approved, authorized, or delegated under a federal law', any agency authorized to assess civil penalties or fines upon a small business shall waive or reduce any penalty or fine as allowed by federal or state law for a violation of any statute, ordinance, or rules by a small business under the following conditions:(1) The small business corrects the violation within a minimum of thirty days after receipt of a notice of violation or citation; and
(2) The violation was unintentional or the result of excusable neglect; or
(3) The violation was the result of an excusable misunderstanding of an agency's interpretation of a rule.
(b) Subsection (a) shall not apply when:
(1) A small business fails to exercise good faith in complying with the statute or rules;
(2) A violation involves wilful or criminal conduct; and
(3) A violation results in serious health, safety, or environmental impact.
(c) An agency may adopt rules to implement the requirements of this section. [L 1998, c 168, pt of §2, §5; am L 2002, c 202, §5]