Penalty power where no overlapping proceedings exist allows officer to levy penalty after a reasonable opportunity to be heard. The proper officer may levy a penalty where the officer believes a person is liable and the matter is not covered by specified proceedings, provided the person is first afforded a reasonable opportunity of being heard; this creates an administrative penalty power subject to procedural fairness and exclusions for matters already before other proceedings.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty power where no overlapping proceedings exist allows officer to levy penalty after a reasonable opportunity to be heard.
The proper officer may levy a penalty where the officer believes a person is liable and the matter is not covered by specified proceedings, provided the person is first afforded a reasonable opportunity of being heard; this creates an administrative penalty power subject to procedural fairness and exclusions for matters already before other proceedings.
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