S.L. 460.6 Art. 10Procedure for administrative fines.

(1) Before imposing an administrative fine, the competent authority shall write to the person concerned warning him that an administrative fine may be imposed, and inform him of the amount of the fine that may be imposed and the specific reasons for which it may be imposed, and granting such person a period of not less than ten days as the competent authority may determine to be appropriate in the circumstances, during which period such person may make his submissions to the competent authority.

(2) Before deciding whether to impose an administrative fine, the competent authority shall consider the submissions, if any, made to it under subarticle (1).

(3) If after the lapse of the period during which submissions may be made in accordance with subarticle (1), the competent authority considers that such person has not given any valid proof or reasons to demonstrate that the administrative fine referred to in subarticle (1) should not be imposed, the competent authority shall impose an administrative fine in accordance with this Order and shall give notice in writing to such person specifying the nature of the infringement and the amount of the administrative fine due.

(4) The notice as referred to in subarticle (3) shall, without prejudice to the right of appeal under article 13(2), upon the service of a copy thereof by means of a judicial act on the person indicated in the notice, constitute an executive title for all effects and the purposes of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure.

(5) Notwithstanding the provisions of article 256(2) of the Code of Organization and Civil Procedure, the executive title referred to in subarticle (4) shall not be enforceable before the lapse of thirty days from the service of the judicial act therein referred to: Provided that where an appeal against an administrative fine in accordance with article 13(2) has been filed, the said executive title shall not be enforceable unless the Court of Appeal rejects the appeal or unless the proceedings on appeal are deserted or otherwise discontinued without final judgement: Provided further that where the Court of Appeal confirms or varies the amount of the administrative fine, the executive title referred to in subarticle (4) shall apply up to the amount of the fine as confirmed or varied by the Court of Appeal and shall be enforceable after the judgement of the said Court.