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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.
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