When the Regional Director of Companies, Competition, Consumption, Labour and Employment intends to impose the penalty referred to in Article L. 2242-7, he shall inform the employer, by any means that confirms receipt by the recipient, within four months of the date on which the breach referred to in Article D. 2242-12 is established. It shall inform the employer of the maximum rate of penalty incurred for each year in which a breach is found, within the limit of the three consecutive years provided for in the second sentence of the first paragraph of article L. 2242-7. It invites the employer to submit its observations within two months and to justify, where appropriate, the reasons for its failure to comply. The employer may be heard at his request.
The Regional Director of Companies, Competition, Consumption, Labour and Employment will ask the recovery body to which the employer belongs for details of the amount of the exemptions from social security contributions referred to in Article L. 241-13 of the Social Security Code in respect of remuneration paid in each year in which the breach is detected. The body responsible for collecting the contributions must provide this information within two months.