PRIA, Government Policy, Made Personal

Summary

The Commission can fine someone up to $100,000 for breaking certain licensing or certification rules or other listed provisions that can lead to losing a license. If the rule break keeps happening, each day counts as a separate violation. The Commission may also reduce, settle, or cancel those fines. If the Commission thinks someone broke the rules, it must send a written notice by registered or certified mail to the person’s last known address. The notice will say the date, facts, and nature of the alleged wrongdoing, point to the specific rule involved, and state the proposed fine amount. The person gets a set, reasonable time (set by the Commission’s rules) to respond in writing and explain why the fine should not be imposed. If the penalty is not paid, the Attorney General can sue to collect it, and the Attorney General alone can settle, reduce, or forgive penalties sent to them for collection.

Title 42, §2282

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Violations of licensing requirements

Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limitation of any license or certification issued thereunder, (2) violates any provision of section 2077 of this title, or (3) commits any violation for which a license may be revoked under section 2236 of this title, shall be subject to a civil penalty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such penalties.

(b)Notice

Whenever the Commission has reason to believe that a person has become subject to the imposition of a civil penalty under the provisions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the Commission shall by regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil action.

(c)Collection of penalties

On the request of the Commission, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–232 struck out “2077,” after “2073,” and substituted “(2) violates any provision of section 2077 of this title, or (3)” for “or (2)”. 1996—Subsec. (a). Pub. L. 104–134, in first sentence, substituted “any licensing or certification provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title” for “any licensing provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139 of this title” and “any license or certification issued thereunder” for “any license issued thereunder”. 1980—Subsec. (a). Pub. L. 96–295 substituted $100,000 penalty limitation per violation for $5,000 limit per violation and $25,000 limit for all violations taking place within any thirty consecutive day period.

§2282 Civil Penalties

Summary

Title 42, §2282

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata