Cap. 643 Art. 34Proceedings when imposing administrative penalties. Cap. 12.         Cap.12.

(1) The Authority shall, before imposing an administrative penalty upon any person who infringes or fails to comply with:

(a) any provision of this Act;

(b) any regulations made thereunder;

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

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

(e) any condition of any authorisation granted under this Act, file a judicial letter in terms of article 466 of the Code of Organisation and Civil Procedure which shall be served on the person who was in breach of any of the provisions of paragraphs (a) to (e):

(i) whereby the Authority gives notice of the administrative penalty that may be imposed by the Authority;

(ii) whereby the Authority gives notice of the specific provision of law which has been breached and the applicable administrative penalty;

(iii) whereby the Authority gives notice of the amount of the administrative penalty;

(iv) whereby the Authority demands that the person concerned rectifies the acts or omissions committed by such person and, or otherwise make submissions to the Authority to contest the claim within a specified time:

Provided that such period may not be of more than twenty (20) days and not less than five (5) days from the date of service of the judicial letter:

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

(2) In the judicial letter mentioned in sub-article (1), the Authority 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 Authority in accordance with sub-article (1), and agrees in writing to abide with any conditions that the Authority may impose, the Authority 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 Authority in accordance with sub-article (1) or fails to abide with any conditions agreed to in writing, the Authority shall impose against such person an administrative penalty for such failure, in addition to the administrative penalty which may be imposed for the infringement itself.

(4) If after the lapse of the period mentioned in sub-article (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why an administrative penalty should not be imposed against such person, the Authority shall proceed to impose such administrative penalty.

(5) Notwithstanding any other provision of this article, where the Authority 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 Authority may shorten the periods mentioned in sub-article (1):

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

(6) Upon the expiry of the time limit for appeal to the

Administrative Review Tribunal, and upon the service of a copy of the said judicial letter referred to in sub-article (1) on the person liable for the payment of the administrative penalty, the said judicial letter shall constitute an executive title for all effects and 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 Authority shall desist from issuing a judicial act as referred to in this sub-article until the request for suspension has been determined, withdrawn or otherwise considered:

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 Authority a reasonable opportunity to reply and make its submissions within a period of not less than three (3) working days.

(7) Interest at the rate of eight (8%) per cent per annum shall run as from due date for the payment of any administrative penalty imposed by the Authority:

Provided that 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 pending penalty proceedings, finally decides that the administrative penalty as imposed by the Authority is due, such administrative penalty shall be due together with any interests accrued thereon as from the due date of the penalty, including any suspension of the period.

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

(9) Notwithstanding the provisions of any other law, a precautionary warrant or order shall not be issued by any Court restraining the Authority 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 Authority 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 Authority upon any person shall be considered a civil debt.

(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).