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.
(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) The department may consider circumstances
enhancing or reducing the penalty based on the seriousness of the violation.
Aggravating and mitigating factors include the following:
(a) the number of separate alleged violations
for a given inspection or incident date;
(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;
(c) the similarity of the current alleged
violation to violations committed by the pesticide applicator or business;
and
(d) the extent to which the
alleged violation is part of a pattern of the same or substantially similar
conduct.
(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.
Notes
Utah Admin. Code
R68-7-21
Adopted by
Utah
State Bulletin Number 2021-18, effective
9/1/2021
Amended by
Utah
State Bulletin Number 2022-18, effective
9/7/2022
