H.R.3307 - Regulatory Fair Warning Act104th Congress (1995-1996)
Summary: H.R.3307 — 104th Congress (1995-1996)
Reported to House amended (09/28/1996)
Regulatory Fair Warning Act - Amends Federal government operations law and the Federal judicial code to prohibit agencies and courts from imposing civil or criminal fines or other penalties for rule violations: (1) if the agency rule and policy statements published in the Federal Register, or as to which a person had actual notice, failed to give such person fair warning of the conduct that the rule prohibits or requires; or (2) committed in reasonable reliance upon a written statement by a Federal or State official, with real or apparent authority to interpret such rule, made after disclosure by the person of all material facts that the person was in compliance with, exempt from, or otherwise not subject to the rule requirements.
Prohibits the agency or court, in an action brought to impose a fine or other penalty for an alleged rule violation, from giving deference to any interpretation of such rule relied upon by the agency that was not published in the Federal Register or was not available to the person before the alleged violation.
Provides that a person shall be considered to have received fair warning of the conduct that a rule of an agency prohibits or requires: (1) if the person, acting reasonably and in good faith, would be able to identify, with ascertainable certainty, the standards with which such agency expects such person's conduct to conform; or (2) when a person first received notice of the initiation of a proceeding against such person for violation of such rule by the agency which issued the rule.
Denies the defenses established by this Act with respect to any violations of health or safety related rules issued on an emergency basis.