R68-7-15. Penalty Matrix

In the disposition of administrative cases, the Department shall use a penalty matrix to determine appropriate penalties. The Department shall calculate penalties based on the level of violation and the adverse effect(s) or potential adverse effects at the time of the incident(s) giving rise to the violation. The median penalty shall be assessed unless a proportionate adjustment is warranted and/or there are aggravating or mitigating factors present.

(1) The Department may consider circumstances enhancing or reducing the penalty based on the seriousness of the violation. Aggravating and mitigating factors include, but are not limited to, the following:

(a) The number of separate alleged violations contained within a single notice of intent.

(b) The magnitude of the harm, or potential harm, including quantity and/or degree, to humans, nontarget species, property, or the environment caused by the violation(s).

(c) The similarity of the current alleged violation to violations committed by the pesticide applicator and/or business during previous years.

(d) The extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.

(2) The Department will annually review past violation trends and update the penalty matrix based on compliance history.

(a) A copy of the penalty matrix will be made available from the Department upon request.