§ 42968.71
429 words·~2 min read·
/ca/public-resources-code/42968-71A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)An administrative penalty up to the following amounts may be administratively imposed by the department on the producer responsibility organization or a producer who is in violation of any provision of this chapter:
(1)Ten thousand dollars ($10,000) per day.
(2)Twenty-five thousand dollars ($25,000) per day if the violation is intentional or knowing.
(b)In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision
(a)for a violation of this chapter, the department or the court shall consider all of the following:
(1)The nature and extent of the violation.
(2)The number and severity of the violation or violations.
(3)The economic effect of the penalty on the violator.
(4)Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
(5)The willfulness of the violator’s misconduct.
(6)The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
(7)Any other factor that justice may require.
(c)Upon a written finding that a producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated a reasonable opportunity to respond to, or rebut, the finding:
(1)Revoke the producer responsibility organization’s producer responsibility plan approval or require the producer responsibility organization to resubmit the producer responsibility plan.
(2)Require additional reporting relating to compliance with the material requirement of this chapter that was not met.
(d)The department shall establish, through regulations adopted pursuant to Section 42968.1, a process that shall include an informal hearing process by which the penalties will be assessed.
(e)The department shall deposit all penalties collected pursuant to this section into the Carpet Responsibility Penalty Account. Upon appropriation by the Legislature, moneys in the Carpet Responsibility Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.
(f)The Administrative Adjudication Bill of Rights, as set forth in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due process.