40.17.190 Pre-Hearing Conference or Evidentiary Hearing Presents Detailed Information

Enforcement personnel must be prepared to present at a pre-hearing conference or evidentiary hearing more detailed information reflecting the specific factors weighed in calculating the penalty proposed in the complaint. The record supporting the penalty amount specified in the complaint should include a penalty computation worksheet which explains the potential for harm, extent of deviation from Tribal regulatory requirements, economic benefit of noncompliance, and any adjustment factors applied (e.g., good faith efforts to comply). An example of the worksheet is attached in the Appendix to this Policy. Also, the record should include any inspection reports and other documents relating to the penalty calculation.