- (a) Any entity, such as a PRO, producer, local jurisdiction, recycling service provider, retailer, or wholesaler, not in compliance with the Act or this chapter is subject to penalties pursuant to subdivision (a) of section 42081 of the Public Resources Code. If a PRO acting on behalf of its participants causes participants to be in violation of the Act or this chapter, such participants shall not be exempt from penalties on the grounds that their noncompliance was caused by the PRO's conduct.
- (b) A penalty order shall be served in the manner as provided for accusations in subdivision (c) of section 18980.13.3.
- (c) Subject to the procedural requirements in this chapter, and except in the event of a default or other waiver by the person alleged by the Department to have violated the Act, penalty determinations shall be made by the director or the director's designee based on evidence presented in hearings conducted pursuant to section 18980.13.4 addressing, at a minimum, the factual factors identified in subdivision (c) of section 42081 of the Public Resources Code.
Note: Authority cited: Sections 40401, 40502, 42060 and 42081, Public Resources Code. Reference: Sections 42080 and 42081, Public Resources Code.
History
1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).