Official Gazette-Issue 41- Addendum - 23/7/2002
Article 40: Imposition of Penalties
1) Upon verifying that an infringement of the law, License conditions or relevant
regulations has occurred, and after notification to the infringing party and
convening a meeting to reach an amicable settlement, or deciding to dispense
with such means, the TRA may impose penalties provided for under Article 41
of the present Law.
2) Penalties imposed by the TRA may be appealed before the Penal Court of
Appeal having jurisdiction over the residency/domicile of the party penalized.
If several parties are involved in the same infringement or in concomitant
infringements, the general provisions of jurisdiction in matters of
concomitance of crimes shall be applicable.
Decisions of the TRA shall remain in effect unless the Court of Appeal decides
to suspend their enforcement.
Article 41: Penalties
The TRA may impose one or more of the following penalties, depending on the
seriousness of the infringement and the circumstances of each case:
1) Amendment of License conditions or imposition of new conditions to ensure
elimination of the infringement and compliance with provisions of the present
Law.
2) Suspension of the License for a definite period, or revocation of the License;
and prohibition of the infringing party from obtaining any License whether
provisional or final, upon repeated infringements or the commission of a
serious violation as evaluated by the TRA.
3) Imposing a fine to be determined by the TRA in light of the seriousness or
frequency of the infringement(s), taking into consideration the assets of the
natural or legal Person as listed in its balance sheet, the value of used
equipment and installations, and the estimated revenues resulting from the
infringement, provided that the fine shall not exceed one-fourth of the total
value of the Person’s assets as shown in its balance sheet.
The TRA may impose an additional fine for every day of delay in eliminating
the persisting infringement.
4) The fines shall be collected by the Ministry of Finance.
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