S.L. 499.23 Art. 62Administrative penalties, etc.

(1) The administrative penalties established by these regulations shall be imposed by the Authority without recourse to a court hearing and may be imposed either as a one-time penalty or on a daily cumulative basis until compliance, provided in the latter case the accumulated penalty shall not exceed three thousand (3,000) euro.

(2) The Authority shall not impose administrative penalties on a person for breach of these regulations where criminal proceedings have already been instituted in court against such person with respect to the said breach.

(3) The Authority shall, before imposing an administrative penalty in terms of these regulations, inform the person on whom the penalty is imposed of its intentions to do so by giving him a notice in writing. Every such notice shall state that the person concerned has a right to make representations in writing within not less than fourteen days to the Authority, giving reasons why the administrative penalty should not be imposed; and the Authority shall consider any such representations before arriving at a final decision. The Authority shall notify in writing its final decision to the person concerned.

(4) Where any person contravenes the same provision of these regulations more than once within a period of six consecutive months, the administrative penalty imposed shall be increased by a further five hundred euro (500).

(5) For the purposes of this regulation, administrative penalties shall not apply where an offence is committed under regulations 38 and 65.

(6) The procedure laid down in sub-regulation (3) shall also apply in those cases where the Authority refuses to grant or renew a licence, certificate or permit, or suspends or revokes such licence, certificate or permit, or imposes any conditions, limitations or exclusions therein, according to the provisions of these regulations.