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Miss. Code Ann. § 25-43-4.107

Waiver of or reduction in administrative penalty or fine under certain circumstances

Known as the Mississippi Administrative Procedures Law

The act spans §§ 25-43-1 to 25-43-9 (43 sections).

Laws, 2012, ch. 454, § 7; reenacted without change, Laws, 2016, ch. 411, § 7, eff from and after July 1, 2016.

(1) Notwithstanding any other law of this state, any agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions: The small business corrects the violation within thirty (30) days or less after receipt of a notice of violation or citation;

(2) The violation was the result of an excusable misunderstanding of an agency’s interpretation of a rule; or

(3) The agency determines that the small business is making a good-faith effort to comply with the statute, ordinance or rule.

(4) Subsection (1) of this section shall not apply when: A small business fails to exercise good faith in complying with the statute, ordinance or rule;

(5) A violation involves criminal conduct;

(6) A violation results in serious health, safety or environmental impact; or

(7) The penalty or fine is assessed pursuant to a federal law or regulation and for which no waiver or reduction is authorized by the federal law or regulation.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.