§ 18955.1. Amount of Civil Penalties and Administrative Penalty Schedule.
14 CA ADC § 18955.1Barclays Official California Code of Regulations
14 CCR § 18955.1
§ 18955.1. Amount of Civil Penalties and Administrative Penalty Schedule.
Base Penalty Table I: For Stewardship Organizations and Architectural Paint Manufacturers |
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Violation | Description of Violation | Severity |
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PRC 48702(b)(1) | Selling or offering for sale in this state, to any person in this state, architectural paint that is not covered under a department-approved stewardship plan or listed as a compliant product on the department's website. | Level 3 |
PRC 48702(a) and 48703(a) | Failure to submit, individually or through a stewardship organization, an architectural paint stewardship plan to the department | Level 3 |
14 CCR 18952(b)(3) | Failure to resubmit a stewardship plan or provide supplemental information within 60 days after receiving a notice of disapproval or conditional approval from the department | Level 1 |
PRC 48704(c) | Failure to implement an architectural paint stewardship program described in a department-approved stewardship plan | Level 3 |
PRC 48704(e) | Failure to pay an annual administration fee to the department | Level 3 |
PRC 48705(a) | Failure to submit, individually or through a stewardship organization, an annual report to the department | Level 3 |
PRC 48705(a) | Annual report does not contain required elements | Level 2 |
14 CCR 18956 | Failure to meet record keeping requirements | Level 2 |
Base Penalty Table II: For Retailers |
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Violation | Description of Violation | Severity |
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PRC 48702(b)(1) | Selling or offering for sale in this state, to any person in this state, architectural paint that is not covered under a department-approved stewardship plan or listed as a compliant product on the department's website. | Level 3 |
14 CCR 18956 | Failure to meet record keeping requirements. | Level 2 |
(d) The department will set the final penalty amount after considering the criteria set forth in § 18955.2. The department may increase the final penalty beyond the penalty range established pursuant to paragraphs (a) and (b), if it determines, after considering the criteria set forth in § 18955.2, that such an increase is warranted and appropriate.
(e) If the department sets an aggregated penalty amount for multiple violations, the aggregated penalty amount shall not exceed $1,000 per day per manufacturer, stewardship organization, or retailer. If a person intentionally, knowingly, or negligently violates this Article, the aggregated penalty amount shall not exceed $10,000 per day per manufacturer, stewardship organization, or retailer.
Credits
Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 48700, 48702, 48703, 48704 and 48705, Public Resources Code; and Section 11506, Government Code.
History
1. New section filed 6-6-2012; operative 6-6-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 23).
This database is current through 9/22/23 Register 2023, No. 38.
Cal. Admin. Code tit. 14, § 18955.1, 14 CA ADC § 18955.1
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