If the company or its de jure or de facto manager has been fined in the twelve months preceding the application, the competent authority may decide to refuse the aid requested. It will then inform the company of its intention by registered letter with acknowledgement of receipt or by any other means that allows the recipient to prove receipt, specifying that it may submit its written observations within a period of fifteen days.
On expiry of the deadline set, the competent authority may decide, in the light of any comments made by the company, not to grant the aid requested for a maximum period of five years, which it will determine on the basis of the criteria mentioned in the first paragraph of article L. 8272-1, taking into account its economic, social and financial situation. It notifies the applicant of its decision by registered letter with acknowledgement of receipt or by any other means that allows the recipient to prove receipt, and sends a copy to the Prefect.