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Prosecutor proposes conditional penalty reduction if Evergreen corrects problems and files modification
Summary
Enforcement counsel recommended lowering the previously-discussed fine and suggested suspending monetary sanctions until the next inspection if Evergreen submits a modification for the shipping containers within 60 days and passes the follow-up inspection.
Enforcement counsel told the hearing he did not want to put the licensee out of business and proposed a mitigated approach to sanctions. Counsel said the prior request for $12,000–$15,000 could be reduced and suggested a dollar range of $3,000–$5,000 if imposed; alternatively, he proposed suspending fines until a successful follow-up inspection and requiring a modification filing within 60 days.
Counsel framed the proposal as an incentive for corrective action: ‘‘Suspend it until after the next inspection... and if he passes the next inspection, we would have no problem with it being vacated,’’ counsel said. Hearing Officer Talbot reserved ruling and said he would issue a written order within 14 days after reviewing the evidence and testimony.
