§ 223. RIGHTS OF SMALL ENTITIES IN ENFORCEMENT ACTIONS.

294 words·~1 min read·/usc/title-5/section-223

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In General .— Each agency regulating the activities of small entities shall establish a policy or program within 1 year of enactment of this section [ Mar. 29, 1996 ] to provide for the reduction, and under appropriate circumstances for the waiver, of civil penalties for violations of a statutory or regulatory requirement by a small entity. Under appropriate circumstances, an agency may consider ability to pay in determining penalty assessments on small entities. Conditions and Exclusions .— Subject to the requirements or limitations of other statutes, policies or programs established under this section shall contain conditions or exclusions which may include, but shall not be limited to— requiring the small entity to correct the violation within a reasonable correction period; limiting the applicability to violations discovered through participation by the small entity in a compliance assistance or audit program operated or supported by the agency or a State; excluding small entities that have been subject to multiple enforcement actions by the agency; excluding violations involving willful or criminal conduct; excluding violations that pose serious health, safety or environmental threats; and requiring a good faith effort to comply with the law.

Reporting .— Agencies shall report to the Committee on Small Business [now Committee on Small Business and Entrepreneurship] and Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Small Business and Committee on Judiciary of the House of Representatives no later than 2 years after the date of enactment of this section [ Mar. 29, 1996 ] on the scope of their program or policy, the number of enforcement actions against small entities that qualified or failed to qualify for the program or policy, and the total amount of penalty reductions and waivers.