§ 19-1003 Administrative law judge and hearing officer discretion to reduce commission penalties.
AC § 19-1003
a. If an administrative law judge or hearing officer finds a violation, except for a violation under section 19-507, such administrative law judge or hearing officer may, in the interest of justice, and upon the petition of the respondent, reduce the penalty for such violation set by the commission after determining that such reduction is appropriate because one or more compelling considerations or circumstances clearly demonstrates that imposing such penalty would constitute or result in injustice. In determining whether such compelling consideration or circumstance exists, the administrative law judge or hearing officer shall, to the extent applicable, consider, individually and collectively, the following factors: 1. The seriousness and circumstances of the violation; 2. The extent of harm caused by the violation; 3. The evidence supporting or refuting the violation charged, whether admissible or inadmissible at a hearing; 4. The history, character and condition of the respondent; 5. The effect of imposing upon the respondent the penalty set by the commission; 6. The impact of a penalty reduction on the safety or welfare of the community; 7. The impact of a penalty reduction on public confidence in the commission, the office of administrative trials and hearings and the implementation of laws by the city; 8. The position of the petitioner regarding the proposed fine reduction with reference to the specific circumstances of the respondent and the violation charged; and 9. Any other relevant fact indicating whether a decision to impose the penalty set by the commission on the respondent would serve a useful purpose. b. Upon determining that a penalty for a violation set by the commission should be reduced, the administrative law judge or hearing officer shall set forth the amount and the reasons for such reduction in the record. Such reasons and determination shall be transmitted to the chairperson of the commission. c. Within 20 business days of receipt of such reasons and determination, pursuant to subdivision b, the commission, or the chairperson of the commission acting pursuant to rules of the commission, may, in the commission or chairperson's discretion, remove such reduction if the commission or chairperson determines such a reduction would not be in the interests of justice, pursuant to the factors in subdivision a, or lower such reduction. (L.L. 2019/019, 1/20/2019, eff. 7/19/2019)
