Section 25191.7 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25191.7
. (a) Any person who provides information which materially
contributes to the imposition of a civil penalty or criminal fine
against any person for violating this chapter shall be paid a reward
pursuant to regulations adopted by the department under subdivision
(f). The reward shall be equal to 10 percent of the amount of the
civil penalty or criminal fine collected by the department, district
attorney, or city attorney. The department shall pay the award to the
person who provides information which results in the imposition of a
civil penalty, and the county shall pay the award to the person who
provides information which results in the imposition of a criminal
fine. No reward paid pursuant to this subdivision shall exceed five
thousand dollars ($5,000).
(b) No informant shall be eligible for a reward for a violation
known to the department, unless the information materially
contributes to the imposition of criminal or civil penalties for a
violation specified in this section.
(c) If there is more than one informant for a single violation,
the first notification received by the department shall be eligible
for the reward. If the notifications are postmarked on the same day
or telephoned notifications are received on the same day, the reward
shall be divided equally among those informants.
(d) Public officers and employees of the United States, the State
of California, or counties and cities in California are not eligible
for the reward pursuant to subdivision (a), unless reporting those
violations does not relate in any manner to their responsibilities as
public officers or employees.
(e) An informant who is an employee of a business and who provides
information that the business violated this chapter is not eligible
for a reward if the employee intentionally or negligently caused the
violation or if the employee's primary and regular responsibilities
included investigating the violation, unless the business knowingly
caused the violation.
(f) The department shall adopt regulations which establish
procedures for the receipt and review of claims for payment of
rewards. All decisions concerning the eligibility for an award and
the materiality of the provided information shall be made pursuant to
these regulations. In each case brought under subdivision (a), the
department, the office of the city attorney, or the district
attorney, whichever office brings the action, shall determine whether
the information materially contributed to the imposition of civil or
criminal penalties for violations of this chapter.
(g) The department shall continuously publicize the availability
of the rewards pursuant to this section for persons who provide
information pursuant to this section.
(h) Claims may be submitted only for those referrals made on or
after January 1, 1982.