The regional prefect for the location of the main establishment shall impose the penalties provided for in II and III of article L. 7122-16 and in article R. 7122-26 after notifying the accused person of the alleged grievances by registered letter with acknowledgement of receipt.
In this notification, the Regional Prefect mentions that the person concerned has one month to submit written observations. The prefect will indicate the penalties that may be imposed and specify that the person concerned may examine the documents in the file and be assisted or represented by any counsel of their choice. The entrepreneur may ask to be heard by the Regional Prefect.
The Regional Prefect sets the penalty, taking into account all the circumstances of the case, and notifies the defendant by registered letter with acknowledgement of receipt.
When the penalty is accompanied by a total or partial publicity measure, it is publicised on the teleservice website mentioned in article R. 7122-2.