Penalties administrative

The CAAA90 contains a broad array of authorities to make the law more readily enforceable, thus bringing it up to date with the other major environmental statutes. EPA has new authorities to issue administrative penalty orders up to U.S. 200,000 and field citations up to U.S. 5,000 for lesser infractions. Civil judicial penalties are enhanced. Criminal penalties for knowing violations are upgraded from misdemeanors to felonies, and new criminal authorities for knowing and negligent endangerment will be established. 

Section 6607(c) of the Pollution Prevention Act provides enforcement autliority under Title 111 of the Superfund Amendments and Reauthorization Act (also known as the Emergency Planning and Community Right-to-Know Act). Civil, administrative, and criminal penalties are autliorized for non-compliance against a facility, USEPA, a Governor, or a SERC. The Act requires USEPA to... 

Civil administrative penalties for each violation were set at ... 

The inspection is undertaken primarily to ensure the continuous safe operation of the equipment and to direct repairs or changes in operation if questions of safety or adequacy for service arise. To be of significant value, an inspection must be carried out thoroughly and the results and conclusions compared with those of previous inspections. Local or state authorities may demand annual inspection and provide for penalties if a violation of the appropriate industrial pressure vessel or administrative code is found. 

C. Civil penalties under Section 303(f) and administrative restraint under Section 304(g). 

The Prescription Drug Marketing Act of 1987 includes civil penalties for violation of the drug sample provisions of the FD C Act. The law provides that a manufacturer or distributor who violates these provisions is subject to a civil penalty of not more than 50 000 for each of the first two violations resulting in a conviction in any 10-year period, and for not more than 1 million for each violation resulting in a conviction after the second conviction in any 10-year period. These penalties may be imposed only by a Federal District Court. FDA has no administrative authority to impose any civil penalties imder these provisions. 

In 1999, the DEFEAT Methamphetamine Bill authorized 30 million for the Drug Enforcement Administration (DEA) to develop a comprehensive, nationwide plan to target and control methamphetamine. It also added 25 million for methamphetamine prevention efforts, especially in rural and urban areas hard hit by methamphetamine use. This bill also added to the list of chemicals considered precursors to methamphetamine production that could result in criminal penalties. In the same year, the Comprehensive Methamphetamine Abuse Reduction Bill authorized more federal money for methamphetamine treatment and prevention programs, as well as targeting federal resources to high-use methamphetamine areas. 

Under the paragraph entitled Civil Penalties in Section 14 of FIFRA, "Any registrant, comnercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than 5,000 for each offense."... 

EPA policy concerning relaxed enforcement of prohibitions on storage of mixed waste does not extend to Executive Branch federal facilities, including DOE facilities. In 1992, Congress amended Section 6001 of RCRA (1976) through the Federal Facility Compliance Act (FFCA, 1992) to clarify that federal facilities are subject to administrative orders and civil and administrative penalties and... 

U.S. Drug Enforcement Administration. Federal Trafficking Penalties. Available online. URL http //www.dea.gov/agency/penalties.htm. Downloaded February 28, 2006. 

The EPA may issue a civil administrative complaint to any person or company who violates the TSCA.30 This complaint may impose a civil penalty, including recovery of any economic benefit of noncompliance, and may also require correction of the violation. The penalties for violations of TSCA may be up to 27,500 per violation (per day). 

The DOL also has the right to seek an injunction, which means that the secretary of labor files a restraint prohibiting future violations of FLSA laws. Damages may include back pay (statute of limitations is 2 years for unintentional violations and 3 years for willful violations), penalties, attorney fees, and court costs. In a lawsuit, as opposed to an administrative audit by the DOL, employees generally collect back pay and liquidated damages in the amount of back pay (double damages). 

State laws on mandatory vaccination vary considerably in the legal implications for nurses and administrators. Typically, it is the individual who falls within the class required to be vaccinated who bears the legal burden. Thus, laws that condition the attendance in public schools on first having a vaccination for a particular disease typically bar the individual from school if there is no vaccination. Other laws may impose a criminal fine or other criminal penalty on the individual who refuses to be vaccinated. In some cases, state laws may allow for the isolation or quarantine of individuals who refuse to be vaccinated. Some state laws may require that health professionals, including nurses, inform certain patients about vaccination requirements and might possibly require some action, such as notification to a local or state health department, if the vaccination is refused. Nurses will need to check with the legal counsel of their hospital for the specific requirements in their state. 

Notwithstanding the administrative and disciplinary measures referred to in Articles 3, 9 and 65 of the Law No. 73-55 dated 3 August 1973 regulating the pharmaceutical professions, any violation to the clauses to the present Law and to the Articles of its application is punishable by a fine going from Tunisian dinars 2,000 to 10,000 and to imprisonment going from 6 months to 12 years or to only one of these two penalties. 

It may be a criminal offence to breach the Therapeutic Goods Act or Therapeutic Goods Regulations relating to advertising. The penalties that can be imposed by the Therapeutic Goods Administration (TGA) for a breach of these provisions are fines of up to AU7000. 

Pharmaceutical companies, which conduct unlawful communication campaigns, may incur both administrative sanctions and criminal penalties. 

The intentional breach of the HWG Regulations on misleading advertisements constitutes a criminal offence with penalties of up to 1 year s imprisonment. An administrative fine of up to 20 000 may be incurred for the negligent breach of such provisions. All other intentional or negligent breaches of the HWG may result in fines of up to 50 000. However, infringements of the provisions of the HWG are prosecuted only in exceptional cases. 

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