Cap. 365 Art. 19Special administrative procedure.

(1) Any person who contravenes the provisions of paragraphs (a), (b) or (c) of article 17(6), and when such contravention is not accompanied by any other breach of this Act, shall be liable to:

(a) an administrative sanction of not less than one hundred euro (€100) and not more than three hundred euro (€300) in respect of every separate contravention; or

(b) an administrative sanction of not less than three hundred euro (€300) and not more than eight hundred euro (€800) in respect of contraventions that are deemed to be serious, repeated or systematic:

Provided that instead of or in conjunction with the imposition of any administrative sanction as envisaged under this sub-article, the Board may issue directives in writing requiring any person to take any action or measure to remedy such contravention or ensure compliance with the provisions of paragraphs (a), (b) or (c) of article 17(6):

Provided further that directives in writing issued under this sub-article shall be complied with, within the time and in the manner stipulated therein, and any person who fails to comply with any such directive shall be liable to an administrative sanction as envisaged under paragraph (a).

(2) Administrative sanctions under this article shall be imposed by the Board without recourse to a court hearing and in accordance with policies and procedures established by the Board, which may be imposed either as a one-time fixed sanction or as a daily cumulative sanction, or both.

(3) Administrative sanctions imposed on a daily cumulative basis, shall not be less than fifty euro (€50) and the accumulated sanction shall not exceed one thousand euro (€1,000).

(4) Where the Board imposes an administrative sanction on a person, it shall inform in a timely manner the relevant supervisory authority or any other authority, body or committee responsible for the authorisation, licensing, registration or regulation of, or the granting of a warrant to, the person concerned, and shall provide all relevant information on the contravention which it retains necessary: Provided that where the Board imposes an administrative sanction as envisaged under sub-article (1)(b), the Board may also recommend to the relevant supervisory authority, body or committee responsible for the authorisation, licensing, registration or regulation of, or the granting of a warrant to, the person concerned, to take any action or regulatory measures available to it under applicable law as it may deem appropriate in the circumstances of the case.

(5) Any administrative sanction imposed by the Board in terms of this article, which exceeds eight hundred euro (€800) shall be subject to publication in accordance with policies and procedures established from time to time by the Board.