French Public Health Code
In forceII - The Director General of the Agency will inform the natural person or legal entity concerned of the facts justifying the initiation of the sanction procedure and the breaches observed, the financial sanction incurred and will provide it with the information justifying these breaches. It:
1° Gives the natural or legal person concerned the opportunity to present its observations, in writing or orally, with an indication of the possibility of being assisted by counsel;
2° Where appropriate, gives it formal notice to rectify the situation;
3° Gives it formal notice to transmit the turnover constituting the basis for the financial penalty.
It sets the person concerned a period of not less than eight days in which to comply with the requests mentioned in 1° to 3° above. When using 2°, this period may be reduced in urgent cases.
III - Once the deadline has expired, the Director General of the Agency may impose a financial penalty.
If the person concerned has not regularised the situation within the time limit set, this penalty may be accompanied by a daily penalty, which will begin to run from the date of notification to the person concerned of the financial penalty and which will cease to run on the day the situation is regularised, where applicable, as established by a new inspection.
IV - The person concerned will be notified of the decision to impose the sanction by any means that can be relied upon to provide a date certain. It shall indicate the nature of the facts constituting the breach, the amount of the penalty imposed and, where applicable, the periodic penalty payment, the terms of payment and the appeal procedures and deadlines.
V. - The decision to impose a financial penalty may be published on the Agency's website for a period not exceeding one month or, where applicable, until the situation has been rectified, if this has not occurred by the end of this period.
