40.17.380 Calculation of the Multi-Day Penalty

After the duration of the violation has been determined, the multi-day component of the total penalty is calculated, pursuant to the Multi-Day Matrix, as outlined below.

(a) Determine the gravity-based designations for the violation, e.g., major- major, moderate-minor, or minor-minor.

(b) Determine, for the specific violation, whether multi-day penalties are mandatory, presumed, or discretionary, as follows:

(1) Mandatory multi-day penalties. Multi-day penalties are considered mandatory for 2-180 of all violations with the following gravity-based designations: major-major, major-moderate. The only exception is when they have been waived or reduced, in "highly unusual cases,". Multi-day penalties for days 181+ are discretionary.

(2) Presumption in favor of multi-day penalties. Multi-day penalties are presumed appropriate for days 2-180 of violations with the following gravity-based designations: major-minor, moderate-major, moderate- morderate. Therefore, multi-day penalties should be sought, unless case-specific facts overcoming the presumption for a particular violation are documented carefully in the case files. The presumption may be overcome for one or more days. Multi-day penalties for days 181+ are discretionary.

(3) Discretionary multi-day penalties. Multi-day penalties are discretionary, generally, for all days of all violations with the following gravity-based designations: minor-major, moderate-minor, minor-moderate, minor-minor. In these cases, multi-day penalties may be imposed for some or all days. The bases for decisions to impose or not to impose any discretionary multi-day penalties must be documented in the case files.

(c) Locate the corresponding cell in the following Multi-Day Matrix. Multiply a dollar amount selected from the appropriate cell in the multi-day matrix (or, where appropriate, a larger dollar amount not to exceed $5,000.00 by the number of days the violation lasted. (Note: the duration used in the multi-day calculation is the length of the violation minus one day, to account for the first day of violation at the gravity-based penalty rate.)