Sec.22a-6b-9. Assessment of administrative civil penalty—penalty recalculation

(a) After the issuance of a penalty notice, the commissioner may recalculate the penalty assessed in such notice based on the commissioner's consideration of new or additional information pertaining to the veracity of the alleged violation or the accuracy of the assessed penalty, or based on the commissioner's consideration of the economic and financial condition of the respondent following the respondent's written claim of inability to pay.

(b) If the commissioner recalculates the penalty and the recalculated penalty can not be resolved by agreement, the commissioner may issue an amended penalty notice that assesses the recalculated penalty and states the respondent's right to request a hearing on such amended notice within 30 days after respondent's receipt of such notice. The penalty assessed in any amended penalty notice shall not be less than the economic benefit of noncompliance.

(Adopted effective May 29, 2007)