S.L. 607.3 Art. 5AImposition of administrative penalty.

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

(a) any provision of these regulations;

(b) any directive or decision given by the Authority under these regulations;

(c) any condition of any authorisation granted under these regulations, by judicial letter to the person concerned -

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

(ii) give notice of the specific reason why such penalty may be imposed;

(iii) give notice of the amount of the penalty;

(iv) demand that the provider concerned rectify the acts or omissions committed by such person and, or make submissions to the Authority within a specified time: Provided that such time may not be of more than twenty days and of not less than five days from the date of service of the judicial letter:

Provided further that the person or provider, against whom an administrative penalty may be imposed, shall be given 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 that rectify the acts or omissions required by the Authority to be so rectified.

(2) In the judicial letter mentioned in sub-regulation (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 the first proviso to sub-regulation (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 provider 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 the first proviso to sub-regulation (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 the first proviso to sub-regulation (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why no administrative penalty should be imposed against such person, the Authority shall proceed to impose such administrative penalty.

(5) Notwithstanding any other provision of this regulation, where the Authority has prima facie evidence that the infringement -

(a) represents an immediate or serious threat to public interest; or

(b) creates or may create serious economic or operational problems for other providers or for students, the Authority may shorten the periods mentioned in the first proviso to sub-regulation (1):

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

(6) The Authority shall give its reasons for any decision taken under sub-regulation (5).

(7) An administrative penalty imposed by the Authority upon any person shall be considered a civil debt.