Video instructions and help with filling out and completing Which Form 843 Assessment

Instructions and Help about Which Form 843 Assessment

A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing the wrongdoing is typically defined by a codification of legislation regulations and decrees the civil fine is not considered to be a criminal punishment because it is primarily sought in order to compensate the state for harm done to it rather than to punish the wrongful conduct as such a civil penalty in itself will not carry jail time or other legal penalties for example if a person were to dump toxic waste in a state park the state would have the same right to seek to recover the cost of cleaning up the messes would a private landowner and to bring the complaint to a court of law if necessary civil penalties occupy a strange place in some legal systems because they are not criminal penalties the state need not meet a burden of proof that is beyond a reasonable doubt but because the action is brought by the government and some civil penalties can run into the millions of dollars it would be uncomfortable to subject citizens to them by a burden of proof that is merely a preponderance of the evidence therefore the assessment of most civil penalties requires a finding of clear and convincing evidence before a civil defendant will be held liable a defendant may well raise excuses justifications affirmative defenses and procedural defenses an administrative law judge or hearing officer may oversee the proceedings and render a judgment judgment is made on the balance of probabilities meaning if it is more than 50 percent likely that the accused is responsible then the accused shall be found guilty in some cases a civil penalty may be supplemented by other legal process including administrative sanctions or even criminal charges and their respective Appeals for example failure to pay a fine assessed for a traffic code violation may result in administrative suspension of a driver's license and further driving after suspension may be a criminal offence on the other hand a minimal case may be put on file or otherwise suspended for a period during which the defendant may be required to avoid further violations or carry out specific duties such as making repairs or restitution or attending supplemental education after which the matter is dismissed in other cases such as public safety and consumer protection violations the local authorities may revoke permits and licenses and seek injunction to stop or remove non-conforming works or goods in addition to the civil penalty pending or admitted civil violations may also be used as evidence of responsibility in a civil suit one example is speeding causing in a car accident resulting in a wrongful death claim however the plaintiff may be required to prove causation through a harm encompassed in the regulations