25 NAC 13-006. Administrative Fines

006 Administrative Fines. A base fine for violating any provision of the Plant Protection and Plant Pest Act or regulations promulgated pursuant to the Act is $600 and a subsequent violation is $1,000. 006.01 Gravity adjustment criteria. The base administrative fine may be changed by considering the gravity of harm of the violation and the gravity of misconduct of the person committing the violation. The specific numerical value will be assigned to each category as set forth in the following charts: 006.02 Gravity of harm. Violation Circumstances Value Department’s Ability to Enforce the Act Violation significantly interfered with Department’s ability to enforce the Act. 5 Violation moderately interfered with Department’s ability to enforce the Act. 3 Violation slightly interfered with Department’s ability to enforce the Act. 1 Violation did not interfere with Department’s ability to enforce the Act. 0 Harm to Plant Industry Actual harm which is both serious and widespread to plant industry. 5 Actual harm which is either serious or widespread to plant industry. 4 Potential serious or widespread harm to plant industry. 3 Minor actual harm to plant industry. 2 Minor potential harm to plant industry. 1 No potential harm to plant industry. 0 Extent of Distributor’s Violations Violations so widespread and pervasive the quality of all plants controlled by the distributor is affected. 5 Numerous and widespread violations greatly affecting the quality of distributor’s operation. 4 Moderately widespread violations moderately affecting the quality of the distributor’s operation. 3 Less widespread violations, slightly affecting the quality of the distributor’s operation. 2 Only a few minor violations, not affecting the quality of the distributor’s operation. 1 No violations affecting the quality of the distributor’s operation. 0 006.03 Gravity of misconduct. For the purposes of this subsection prior violation means a violation which was committed within the last three years. Violation Circumstances Value Compliance History Two or more prior violations, either similar or unrelated to current violation. 3 One prior violation similar to current violation. 2 One prior violation unrelated to current violation. 1 No prior violations. 0 Culpability Knowing or willful violation. 5 Violation resulting from faulty, careless, or negligent action. 3 Violation was neither knowing or willful and did not result from faulty, careless, nor negligent action. 0 Failure to Take Remedial Efforts Violator failed to cooperate with Department’s investigation; and additionally, failed to notify the Department of the violation and failed to take reasonable and timely steps to correct the violation. 3 Violator cooperated after the Department discovered the violation but failed to notify the Department of the violation and failed to take reasonable and timely steps to correct the violation. 2 Violator cooperated after the Department discovered the violation but either failed to notify the Department of the violation or failed to take reasonable and timely steps to correct the violation. 1 Financial Gain Violation has or would have resulted in financial gain for violator. 3 No financial gain to violator as a result of violation. 0 006.04 To determine the adjusted fine, the base fine shall be adjusted based on the total number of points calculated from 25 NAC 13-013.03A and 013.03B and multiplying the base fine by the gravity adjustment percentage of base value set forth below. Adjustments for Gravity Total Gravity Value Adjustment 3 or below 25% of base value 4-6 50% of base value 7-10 75% of base value 11 or above 100% of base value 006.05 To determine the actual administrative fine, the adjusted fine as determined in 25 NAC 013.03C shall be multiplied by the appropriate value corresponding with the size of business criteria set forth below. In determining the amount of any fine, there shall be a rebuttal presumption that the gross revenue of any violator is over $600,000. Size of Business Criteria Gross Revenue Multiplier Value $0-25,000 0.2 $25,001-100,000 0.4 $100,001-250,000 0.6 $250,001-500,000 0.8 over $500,001 1.0 .