WAIVER OR REDUCTION OF LATE FILING PENALTY

(a) A person may request the waiver or reduction of a civil penalty under Section 305.033(b) or 572.033(b) of this code or Section 254.042(b), Election Code, by submitting an affidavit to the executive director that states the filer's reasons for requesting a waiver or reduction. (b) The commission may waive or reduce a civil penalty if the commission finds that a waiver or reduction is in the public interest and in the interest of justice. The commission shall consider the following before acting to waive or reduce a civil penalty: (1) the facts and circumstances supporting the person's request for a waiver or reduction; (2) the seriousness of the violation, including the nature, circumstances, consequences, extent, and gravity of the violation, and the amount of the penalty; (3) any history of previous violations by the person; (4) the demonstrated good faith of the person, including actions taken to rectify the consequences of the violation; (5) the penalty necessary to deter future violations; and (6) any other matter that justice may require. (c) After hearing the waiver request, the commission may affirm, reduce, or waive the civil penalty.