Utah Admin. Code R645-401-500 - Waiver of Use of Formula to Determine Civil Penalty
510. The assessment officer upon his or her
own initiative or upon written request received by the Division within 15 days
of receipt of a notice of violation or a cessation order, may waive the use of
the formula contained in R645-401-330 to set the civil penalty, if they
determine that, taking into account exceptional factors present in the
particular case, the penalty is demonstrably unjust. However, the assessment
officer will not waive the use of the formula or reduce the proposed assessment
on the basis of an argument that a reduction in the proposed penalty could be
used to abate violations of the State Program or any condition of any permit or
exploration approval. The basis for every waiver will be fully explained and
documented in the records of the case.
520. If the assessment officer waives the use
of the formula, he or she will use the criteria set forth in R645-401-320 to
determine the appropriate penalty. When the assessment officer has elected to
waive the use of the formula, he or she will give a written explanation of the
basis for the assessment made to the permittee.
Notes
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