When the administrative authority is aware of an official report of one of the offences constituting illegal employment referred to in article L. 8211-1, it may, having regard to the seriousness of the facts established, the nature of the aid applied for and the advantage it gives to the employer, refuse to grant, for a maximum period of five years, certain public aid relating to employment, vocational training and culture to the person who was the subject of the official report.
This decision to refuse is taken without prejudice to any legal proceedings that may be brought.
The administrative authority may also request, in the light of the criteria mentioned in the first paragraph, the reimbursement of all or part of the public aid mentioned in the first paragraph and received over the last twelve months prior to the issuing of the penalty notice.
A decree shall determine the nature of the aid concerned and the procedures for deciding whether to refuse to grant it or to reimburse it.