if the court or agency, as appropriate, finds that the defendant in good faith determined based on the language of the rule or engaged in the conduct alleged to violate the rule in reliance upon a written statement issued by the appropriate official stating that the action complied with, or that the defendant was exempt. I think that there is a lot of latitude by the court to determine. If we go on through the rest of the amendment and go over to the next section it says: No agency shall bring any judicial or administrative action to impose a civil or criminal penalty based upon . . . a written determination of fact made . . . after disclosure of the material facts at the time and appropriate review of those or in interpretation of the statute. Section (c), the third page is where I am reading from.
Kay Bailey Hutchison: “if the court or agency, as appropriate, finds that the defendant in good faith determined based on the language of the…”
Editor's note · Context
Discussing legal standards for judicial and administrative actions related to compliance with regulations.
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