R877-23V-22. Reasonable Cause to Waive, Reduce, or Compromise a Penalty Pursuant to Utah Code Ann. Section 41-3-704


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  • (1)(a) Reasonable cause to reduce or compromise a penalty imposed by the division under Title 41, Chapter 3 may include a penalty imposed under Section 41-3-702 for a second or subsequent offense that is issued for a violation that occurred before the division notifies the party of the penalty for the initial offense.

    (b) A person seeking to reduce or compromise a penalty under Subsection (1)(a) shall:

    (i) demonstrate that there is reasonable cause to reduce or compromise the penalty; and

    (ii) recommend the amount by which the penalty should be reduced or compromised.

    (2) A penalty that is reduced or compromised under Subsection (1) may not be reduced or compromised below the penalty imposed for a first offense for that violation.

    (3) Reasonable cause to waive, reduce, or compromise a penalty imposed by the division under Title 41, Chapter 3 does not include:

    (a) ignorance of the law; or

    (b) inability to pay a penalty imposed.

    (4) Nothing in this rule prevents a person from appealing the appropriateness of a penalty imposed by the division under Title 41, Chapter 3.