Section 25299.80 Of Article 7. Cost Recovery, Enforcement, And Administration From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 7.
25299.80
. (a) A person who makes a misrepresentation in any claim,
including, but not limited to, a record, report, certification,
application, invoice, form, or other document that is submitted to
the fund relating to a claim, is subject to civil liability of not
more than five hundred thousand dollars ($500,000) for each violation
of this subdivision.
(b) Except as provided in subdivision (d), the Attorney General,
upon request of the state board, shall bring an action in superior
court to impose the civil liability specified in subdivision (a).
(c) Except as provided in subdivision (d), the executive director
of the board may impose the civil liability specified in subdivision
(a) administratively in the same manner as the executive director of
the board is authorized to impose civil liability pursuant to Article
2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of
the Water Code.
(d) If the violation by a claimant of subdivision (a) is not
knowing, willful, or intentional, the board or an authorized
representative shall first issue a notice to comply pursuant to
Chapter 5.8 (commencing with Section 13399) of Division 7 of the
Water Code before an action may be taken pursuant to subdivision (b)
or (c).
(e) In determining the amount of civil liability imposed under
this section, the executive director of the board, or the court, as
the case may be, shall take into account the nature, circumstance,
extent, and gravity of the violation, the person's ability to pay,
any prior history of misrepresentations by the person to the board or
local agency, any economic benefits or savings that resulted or
would have resulted from the false statement, and other matters as
justice may require.
(f) Remedies under this section are in addition to, and do not
supersede or limit, any other civil, administrative, or criminal
remedies.
(g) All money collected pursuant to this section shall be
deposited into the fund.
(h) The board shall file a complaint with any applicable licensing
board against any person licensed or otherwise regulated by that
licensing board who is found to be liable under this section.