No penalty for minor breaches: penalties must be proportionate, hearing allowed, and voluntary disclosure mitigates sanction. Imposition of penalties is restricted for minor breaches and easily rectifiable documentary errors made without fraudulent intent or gross negligence; officers must give an opportunity to be heard, quantify penalties commensurate with the breach, and specify the nature of the breach and applicable provision. Voluntary pre-discovery disclosure may mitigate penalty assessment, but these disciplines do not apply where the Ordinance 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.
No penalty for minor breaches: penalties must be proportionate, hearing allowed, and voluntary disclosure mitigates sanction.
Imposition of penalties is restricted for minor breaches and easily rectifiable documentary errors made without fraudulent intent or gross negligence; officers must give an opportunity to be heard, quantify penalties commensurate with the breach, and specify the nature of the breach and applicable provision. Voluntary pre-discovery disclosure may mitigate penalty assessment, but these disciplines do not apply where the Ordinance prescribes a fixed-sum or fixed-percentage penalty.
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