Sec. 02.01.01.14. Non-intentional Technical Errors

A. If any errors are alleged by the Division which would subject the sales agency to the enforcement provisions of the Unit Pricing Law, the sales agency shall submit data which shows by the preponderance of the evidence that the errors are non-intentional technical errors.

B. The data submitted to the Division may contain the following information:

(1) Any specific malfunction of the printing press, electronic data processing equipment, or other mechanical equipment used to produce the stamps, tags, labels, signs, or lists;

(2) Any specific mistake made by the computer programmer or machine operator;

(3) Specific reasons why the malfunction or mistake was not within the knowledge or control of the owner, operator, or management personnel of the store;

(4) Specific reasons why the owner, operator, or management personnel could not, within reasonable diligence, have detected or corrected these errors;

(5) The name, address, and telephone number of the person or persons responsible for the alleged error;

(6) Whether the sales agency had prior similar problems with the printing press, electronic data processing equipment, or other mechanical equipment responsible for the alleged error, and what action was taken by the sales agency to correct the malfunction;

(7) Whether the sales agency had prior similar problems with the computer programmer or machine operator responsible for the alleged mistake and what action was taken by the sales agency to correct the mistake.

C. The Division may not consider non-intentional technical errors to be violations of these regulations.