SMALL BUSINESSES ONLY:
The Small Business Regulatory Enforcement Fairness Act of 1996 requires Hearing Officers to consider that you may be a small entity and, under some circumstances, reduce or waive the civil penalty. “Small entity” is defined in 5 U. S. C. § 601, 15 U. S. C. § 632 and in the Small Business Administration regulations found at 13 C. F. R. Part 121. If you think your company may be a small entity, you may provide the Hearing Officer with supporting evidence (number of employees, current balance sheet, annual receipts). To qualify for a waiver or reduction, you must also show that you have spent money to correct any discrepancies. Small entities that have been the subject of multiple enforcement actions, have committed violations involving willful or criminal conduct, or have committed violations that pose serious health, safety or environmental threats are not entitled to special consideration.