Minor breach protection limits penalty imposition and mandates hearing and proportionality in penalty assessment requirements. Penalties are limited for minor breaches and readily correctable documentation errors absent fraud or gross negligence; the amount of penalty must be commensurate with the facts and severity of the breach. No penalty may be imposed without an opportunity to be heard, and penalty orders must identify the nature of the breach and the applicable provision. Voluntary disclosure before discovery may mitigate penalty quantum. The section excludes cases where the Act prescribes a fixed-sum or fixed-percentage penalty.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Minor breach protection limits penalty imposition and mandates hearing and proportionality in penalty assessment requirements.
Penalties are limited for minor breaches and readily correctable documentation errors absent fraud or gross negligence; the amount of penalty must be commensurate with the facts and severity of the breach. No penalty may be imposed without an opportunity to be heard, and penalty orders must identify the nature of the breach and the applicable provision. Voluntary disclosure before discovery may mitigate penalty quantum. The section excludes cases where the Act prescribes a fixed-sum or fixed-percentage penalty.
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