Section 19.04. Use of discretion in enforcement.

 

(1)  The department may waive or reduce a penalty otherwise applicable to a small business that voluntarily discloses an actual or potential violation of a department rule or guideline and requests a waiver or reduction as a small business, if the department is not prohibited under s. DHS 19.05 from reducing or waiving the penalty.

(2)  In exercising discretion under sub. (1) , the department will follow the applicable department rule or guideline when taking an enforcement action against a small business, except that, on a case-by-case basis, the department may use discretion to reduce or waive a penalty based on consideration of the history of violations, the type of business, the severity of the violation and its impact on the public's health safety and welfare, state or federal statutory requirements for enforcement, and any other relevant factor.

(3)  

(a) A reduction or waiver of any penalty may not be inconsistent with any requirements established by state or federal statute or regulation.

(b) In determining a reduction in a monetary penalty, the department may consider the small business's ability to pay.

History: CR 10-003 : cr. Register May 2010 No. 653 , eff. 6-1-10.