Nebraska Administrative Code › Topic - AGRICULTURE, DEPARTMENT OF › Title 23 - DEPARTMENT OF AGRICULTURE, BUREAU OF ANIMAL INDUSTRY › Chapter 21 - ANIMAL REGULATIONS › Section 23-21-009 - Fines

Current through June 17, 2024
009.01 When it is determined that an
				administrative fine is an appropriate penalty, the actual amount of such fine
				is calculated by taking the base fine of five thousand dollars per violation
				and adjusting as set forth In this section.
009.02 Gravity adjustment criteria. The base
				fine may be reduced by considering the gravity of harm of the violation and the
				gravity of misconduct.
009.02A 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 Industry
Actual harm which is both serious and widespread to
								animal industry.
5
Actual harm which is either serious or widespread
								to animal industry.
4
Potential serious harm to animal
								industry.
3
Minor actual harm to animal
								industry.
2
Minor potential harm to animal
								industry.
1
No potential harm to animal
								industry.
0
Extent of Violations
Violations so widespread and pervasive disease
								control was made impossible
5
Numerous or widespread violations greatly affecting
								disease control
4
Moderately widespread effect disease
								control
3
Less widespread effect on disease
								control
2
Only a minor violations affecting disease
								control
1
No violations affecting disease
								control
0
009.02B 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
3
One prior similar to violation
2
One prior unrelated 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
3
Violator failed to notify the Department of the
								violation and failed to correct the violation
2
Violator either failed to notify the Department of
								the violation or failed to correct the violation
1
Financial Gain
Violation has or could have resulted in financial
								gain for violator.
3
No financial gain to violator as a result of
								violation
0
009.02C To determine the adjusted fine, the
				base fine is adjusted based on the total number of points calculated from 23
				NAC 21-009.02A and 009.02B and multiplying the base fine by the gravity
				adjustment percentage of base value.
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