§ 12304. Fines.

(a) In addition to, or in lieu of, any denial or revocation of registration under Section 12303(b), any violation of this chapter other than as provided in subsection (c) of this section shall be subject to a fine not to exceed ten thousand dollars ($10,000) upon first offense and twenty thousand dollars ($20,000) upon any second or subsequent offense for each separate violation, as provided by Business and Professions Code section 19930, subdivision (c).

(b) Each day a violation continues shall be deemed a separate violation commencing after receipt of notice of violation by the manufacturer or distributor from the Bureau or 30 days after commencement of the violation, whichever first occurs.

(c) A manufacturer or distributor shall be liable for a civil penalty not to exceed five hundred dollars ($500) per business day for each business day that the report required by Section 12303, subsection (a), paragraph (1), is overdue. For purposes of this chapter, the report shall be deemed overdue if not received by the Bureau within 30 calendar days following the last day of the calendar quarter for which the report is required.

HISTORY

1. New section filed 10-7-2002 as an emergency; operative 10-7-2002 (Register 2002, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.

2. New section, including amendment of section and Note, refiled 1-27-2003 as an emergency; operative 1-27-2003 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 5-22-2003 as an emergency; operative 5-22-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 9-8-2003 as an emergency; operative 9-8-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2004 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 9-8-2003 order, including amendment of subsection (a) and Note, transmitted to OAL 1-6-2004 and filed 2-20-2004 (Register 2004, No. 8).

6. Change without regulatory effect amending subsections (b)-(c) filed 8-8-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 32).

7. Change without regulatory effect amending subsections (b)-(c) filed 6-3-2013 pursuant to section 100, title 1, California Code of Regulations; operative 7-1-2013 in accordance with Governor's Reorganization Plan No. 2 of 2012 (Register 2013, No. 23).

Note

Note: Authority cited: Sections 19823, 19824, 19840 and 19841(r), Business and Professions Code. Reference: Sections 19841(r), 19930 and 19931, Business and Professions Code.