• The reduction or waiver of penalties due to a voluntary disclosure by a small business of actual or potential violations of rules or guidelines.
• The financial capacity of the small business, including the ability of the small business to pay the amount of any penalty that may be imposed.
• The difficulty and cost of compliance with the rule by the small business.
• The compliance options available, including options for achieving voluntary compliance with the rule.
• The level of public interest and concern.
• The opportunities available to the small business to understand and comply with the rule.
• Fairness to the small business and to other persons, including competitors and the public.
The proposed rule will also specify the situations in which the department will not allow discretion in the enforcement of a rule against small businesses that have committed minor violation and shall include all of the following in which discretion is not allowed:
• The violation resulted in a substantial economic advantage for the small business.
• The small business has violated the same rule or guideline more than 2 times in the past 5 years.
• The violation may result in an imminent endangerment to the environment, or to public health or safety.
The policy alternative is to do nothing. If the department does not promulgate the proposed rule, the department will be in conflict with state statute requirements.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
"Each agency shall promulgate a rule that requires the agency to disclose in advance the discretion that the agency will follow in the enforcement of rules against a small business that has committed a minor violation…."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 80 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
This rule may impact small businesses as defined under s. 227.114 (1), Stats., that commit minor violations of DWD rules when discretion is exercised. Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no known existing or proposed federal regulation intended to address the activities to be regulated by the proposed rule.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
DWD expects the proposed rule to have no economic impact statewide and locally.
