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Home / Search Results

Settlement Agreement Request


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 To determine if your case is eligible, representatives of Troop S may take into account certain elements when assessing and establishing penalties. The elements listed below will help determine if you may qualify for either a payment reduction and/or payment plan. 

 
(1) Circumstances of the violation.
(2) Safety Record.  Consideration will be given to applicants demonstrating a history of safety compliance and low violation occurrences.
(3) Gravity of the violation. An evaluation of the seriousness of the violation.
(4) Culpability. The quality of the respondent's awareness of his or her actions and the degree to which he or she was responsible for averting such violations.
(5) History of prior offenses. Consider the respondent's performance record in terms of prior Notices of Claims warnings citations and compliance efforts of the respondent. Both similar violations and different types of violations in the past should be taken into account but the similar past violations should be given more weight.
(6) Ability to pay and ability to do business. Consider the respondent's inability to pay or whether the payment of such a penalty would affect the respondent's ability to do business.
(7) Such other matters as justice and public safety may require.  Other matters might be either positive or negative such as: cooperation or lack of cooperation; general attitude towards compliance; institution or revision of a safety director or safety consultant; comprehensiveness of corrective action such as whether the action is focused narrowly to the specific violation or broadly to the general area of concern; and other matters.
 





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