Section 200.912  Administrative Fines

a)         Administrative fines shall only be assessed against license and certificate holders for acts or omissions that constitute violations of the Act and of this Part. Administrative fines shall not be assessed against any applicant or holder of a license or certificate based solely upon a failure to satisfy the requirements for the issuance of a license or storage certificate.

b)         The Department shall determine whether or not to assess administrative fines against license or certificate holders based upon the following factors:

1)         the license or certificate holder's history of previous violations;

2)         the seriousness of the violation;

3)         the degree of culpability of the license or certificate holder; and

4)         evidence of any additional conditions or factors in aggravation or mitigation of the violation.

c)         All fines assessed by the Department shall be computed as follows:

1)         Administrative violations, including, but not limited to, the failure to properly keep records, failure to make required inspections, and failure to submit required reports to the Department in a timely fashion shall result in the assessment of a fine of up to $100 for the first offense, up to $250 for the second offense and up to $500 for the third and any subsequent offenses.  Notwithstanding these limitations, if the violation resulted in a threat of serious and immediate injury to persons or property, and the Department makes a finding to that effect, then the provisions of subsection (c)(3) below shall apply.

2)         Violations of the requirements for the possession, handling, use, storage, and transfer of explosive materials not involving a threat of serious or immediate injury to persons or property, including, but not limited to, failure to properly maintain and repair magazines and their premises, failure to properly transport explosive materials and failure to take proper security and safety precautions in the handling and storage of explosive materials, shall result in the assessment of a fine of up to $250 for the first offense, up to $500 for the second offense, and up to $1,000 for the third and any subsequent offenses.

3)         Violations of the requirements for the possession, handling, use, storage and transfer of explosive materials which result in a threat of immediate and serious injury to persons or property shall result in an assessment of a fine of up to $1,000 for the first offense and up to $5,000 for the second and any subsequent offense.

d)         For violations described in subsection (c)(3) above, an administrative fine shall not be the exclusive disposition of any disciplinary action for the second and any subsequent violation.