§ 48706.1
272 words·~1 min read·
/ca/public-resources-code/48706-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A civil penalty may be administratively imposed by the department on any person who violates this chapter in an amount up to one thousand dollars ($1,000) per violation per day. A person who intentionally, knowingly, or negligently violates this chapter may be assessed a civil penalty by the department of up to ten thousand dollars ($10,000) per violation per day.
(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 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 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)The department shall establish, through regulations adopted pursuant to Section 48701.1, a process that shall include an informal hearing process by which the penalties will be assessed. The Administrative Adjudication Bill of Rights (Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) applies to hearings conducted pursuant to this chapter and mandates minimum due process requirements for purposes of this chapter.
(d)The department shall deposit all penalties collected pursuant to this section into the Paint Product Stewardship Penalty Subaccount.