When can a civil penalty be assessed?

A civil penalty can be assessed only after a public hearing to ensure that all parties have an opportunity to present their case, which aligns with principles of fairness and due process. This procedure allows for a thorough examination of the circumstances surrounding the alleged violation and provides the accused with an opportunity to defend themselves.

Assessing penalties without a hearing would undermine the legal process by not affording individuals or entities the chance to contest the claims against them. Similarly, assessing penalties immediately after a violation occurs or without prior notice would violate procedural safeguards intended to ensure accountability and transparency in regulatory practices. Moreover, the severity of the violation is a consideration in determining appropriate penalties, but it does not dictate the process of how penalties are assessed. Thus, the requirement of a public hearing is a critical component in maintaining equitable enforcement of regulations.