The Director General of the regional health agency with territorial jurisdiction may impose financial penalties on natural or legal persons, which may be accompanied by daily penalty payments, in the cases provided for by law and, where applicable, by decree of the Conseil d’Etat.
He may, where applicable, give formal notice to these same persons to rectify the situation.
The Director General of the Agency shall first give the natural or legal person concerned the opportunity to present its observations, indicating the possibility of being assisted by counsel.
The amounts of the financial penalty and the periodic penalty shall be proportionate to the seriousness of the breaches observed. They shall take account, where appropriate, of any repetition of the breaches sanctioned within a period of two years from the date on which the first sanction decision became final.
The financial penalties and periodic penalty payments referred to in this article shall be paid to the Treasury and recovered in the same way as receivables from the State other than taxes and property.
The procedures for applying this article shall be laid down by decree in the Conseil d’Etat.