Cap. 545 Art. 13Proceedings when imposing administrative penalties. Cap. 12. Cap. 423.

(1) The Regulator, before recovering an administrative penalty upon any person who infringes or fails to comply with -

(a) any provision of this Act;

(b) regulations made thereunder;

(c) any other law which the Regulator is entitled to enforce;

(d) any directive or decision given by the Regulator whether under this Act, regulations made thereunder or under any other law which the Regulator is entitled to enforce; or

(e) any condition of any authorisation granted under this Act, shall by judicial letter to the person concerned -

(i) give notice of the administrative penalty being imposed by the Regulator;

(ii) give notice of the specific reason why such penalty is being imposed;

(iii) give notice of the amount of the penalty;

(iv) demand that the person concerned rectify the acts or omissions committed by such person where such acts or omissions are capable of remedy and, or make submissions to the Regulator within a specified time: Provided that such time may not be of more than twenty days and of not less than five days from the date of service of the judicial letter:

Provided further that the person, against whom an administrative penalty is imposed, shall be given a reasonable opportunity during such period of time as may be stipulated in the judicial letter to make submissions to the Regulator and to propose any remedies that rectify the acts or omissions required by the Regulator to be so rectified where such acts or omissions are capable of remedy.

(2) In the judicial letter mentioned in sub-article (1), the Regulator may impose such conditions as it may consider reasonable in the circumstances.

(3) If the person concerned remedies the infringement within the period established by the Regulator in accordance with sub-article (1), and agrees in writing to abide with any conditions that the Regulator may impose, the Regulator shall desist from proceeding any further:

Provided that if the person concerned, after having been bound in writing as stated above, fails to remedy the infringement within the period established by the Regulator in accordance with sub-article (1) or fails to abide with any conditions agreed to in writing, the Regulator shall impose against such person an administrative penalty for such failure, in addition to the administrative penalty which is imposed for the infringement itself.

(4) If, after the lapse of the period mentioned in sub-article (1), the Regulator considers that the person concerned has not given any valid reasons to demonstrate why no administrative penalty should be imposed against such person, the Regulator shall proceed to recover such administrative penalty.

(5) Notwithstanding any other provision of this article, where the Regulator has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to public safety or public security or public health; or

(b) creates or may create serious economic or operational problems for other providers of resources or for consumers, the Regulator may shorten the periods mentioned in subarticle (1):

Provided that the person against whom such administrative penalty is imposed shall be given a reasonable opportunity to state any views and propose any possible remedies.

(6) The judicial letter referred to in sub-article (1) shall, upon the expiry of the time limit for appeal therefrom, and upon the service of a copy thereof by means of a judicial act on the person liable to the payment of the administrative penalty, constitute an executive title for all effects and the purposes of article 253(a) of the Code of Organization and Civil Procedure:

Provided that if the person, against whom the judicial letter has been issued, files an appeal before the Administrative Review Tribunal, and concurrently with or before the filing of the appeal requests the Administrative Review Tribunal to suspend the effects of the judicial letter, then the Regulator shall desist from issuing a judicial act as referred to in this sub-article until the request of suspension has been determined, withdrawn or otherwise dealt with:

Provided further that the Administrative Review Tribunal shall determine any requests for suspension referred to in this sub-article expeditiously. Before determining any such request the Administrative Review Tribunal shall give the Regulator a reasonable opportunity to reply and make its submissions, within a period of not less than three working days.

(7) Interest at the rate of eight per cent shall run as per annum from the date set by the Regulator for the payment of any administrative penalty imposed by it. In cases where the Administrative Review Tribunal or the Court of Appeal, as the case may be, after having upheld an application to suspend the penalty pending proceedings, finally decides that the administrative penalty as imposed by the Regulator is due, such administrative penalty shall be due together with any interests accrued thereon as from the date originally set by the Regulator for payment including the period during which the payment of the said penalty was suspended.

(8) The Regulator shall give its reasons for any decision taken under this article.

(9) Notwithstanding the provisions of any other law, no precautionary warrant or order shall be issued by any court restraining the Regulator from the exercise of any of the powers conferred upon it under this Act in relation to administrative penalties.

(10) In all cases where the Regulator imposes an administrative penalty in respect of anything done or omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence.

(11) An administrative penalty imposed by the Regulator upon any person shall be considered a civil debt due to the Regulator.

(12) If any person knowingly avoids, obstructs or refuses service of any judicial act issued under this article, such person shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not more than seventy thousand euro (€70,000): Provided that matters falling under this article which shall have been pending before the Malta Resources Authority in terms of the Malta Resources Authority Act from before the coming into force of this Act shall forthwith be transferred onto the Regulator without the need of any formalities other than the coming into force of this Act.