[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1020.5]

[Page 62]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1020--SMALL BUSINESS--Table of Contents
 
Sec.  1020.5  What is the Small Business Enforcement Policy?

    (a) When appropriate, the Commission will, subject to all applicable 
statutes and regulations and paragraph (b) of this section:
    (1) Waive or reduce civil penalties for violations of a statutory or 
regulatory requirement by a small business and/or
    (2) Consider a small business's ability to pay in determining a 
penalty assessment against that small business,
    (b) The Commission may decline to waive civil penalties or consider 
a small business's ability to pay, under paragraph (a) of this section, 
when one or more of the following circumstances applies:
    (1) The small business's violations posed serious health or safety 
threats.
    (2) The small business was subject to multiple enforcement actions 
by the Commission.
    (3) The small business's violations involved willful or criminal 
conduct.
    (4) The small business failed to correct violations within a 
reasonable time.
    (5) The small business failed to make a good faith effort to comply 
with the law.
    (6) The small business acted in any other way that would make it 
unfair or inappropriate for the Commission to provide a benefit under 
paragraph (a) of this section.