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§ 300.6. Civil penalty

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 31 P.S. Food

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 31 P.S. Food (Refs & Annos)
Chapter 7. Eggs (Refs & Annos)
Egg Refrigeration Law (Refs & Annos)
31 P.S. § 300.6
§ 300.6. Civil penalty
(a) Assessment by the Department of Agriculture.--
(1) The Department of Agriculture may assess a civil penalty of not more than $5,000 upon a person for each violation of section 4.1
(2) If a civil penalty is assessed against a person under subsection (a), the Department of Agriculture shall notify the person by certified mail of the nature of the violation, the amount of the civil penalty and that the person may notify the Department of Agriculture in writing within 30 calendar days that the person wishes to contest the civil penalty.
(3) If, within 30 calendar days from the receipt of the notification referred to in paragraph (2), the person does not notify the Department of Agriculture of this intent to contest the assessed penalty, the civil penalty shall become final. If timely notification of the intent to contest the civil penalty is given, the person contesting the civil penalty shall be provided with a hearing in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
(b) Assessment by the Department of Environmental Resources.--
(1) The Department of Environmental Resources may assess a civil penalty of not more than $5,000 upon a person for each violation of section 4.
(2) When the department assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have 30 days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall, within the 30-day period, file an appeal of the action with the Environmental Hearing Board.
(i) Failure to appear within 30 days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
(ii) A person may challenge either the fact of the violation or the amount of the penalty once an appeal of the issue has been perfected. In either challenge, the appellant will be bound as to any actions of the department which have become final under section 4 of the act of July 13, 1988 (P.L. 530, No. 94), known as the Environmental Hearing Board Act.2 A final action includes a compliance order which has become final, even though the order addresses the same violation for which a civil penalty is assessed.
(c) Limit on assessments.--Only one assessment under either subsection (a) or (b) may be made for a particular violation.

Credits

1991, Aug. 6, P.L. 321, No. 32, § 6, effective in 30 days.

Footnotes

31 P.S. § 300.4.
35 P.S. § 7514.
31 P.S. § 300.6, PA ST 31 P.S. § 300.6
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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