Section 3: Administrative penalties.

Without prejudice to actions for recovery of unduly paid allowances and criminal proceedings, inaccuracy or incompleteness, when deliberate, in the declarations made for the benefit of allowances for workers deprived of employment as well as failure to declare a change in the situation justifying this benefit, which have resulted in undue payments, may be sanctioned by a penalty imposed by Pôle emploi. The amount of the penalty may not exceed…

The penalty is recovered by Pôle emploi. The provisions of article L. 5426-8-2 are applicable to the recovery of the penalty.

No penalty may be imposed for offences that are more than two years old, or where the person concerned has already been convicted of the same offence by a criminal court or has benefited from a final decision dismissing the case or acquitting the offender, stating that the offence has not been established or that the offender is not responsible for the offence. If such a decision of dismissal or…

The person against whom the penalty is likely to be imposed is informed in advance of the facts of which he is accused and of the penalty envisaged, so that he can present his written and oral observations, assisted if necessary by a person of his choice, within a time limit which may not be less than one month.