Article 4. Penalties And Enforcement Procedures of California Health And Safety Code >> Division 7. >> Part 2. >> Chapter 5. >> Article 4.
(a) Any agency or museum that fails to comply with the
requirements of this chapter may be assessed a civil penalty by the
commission, not to exceed twenty thousand dollars ($20,000) for each
violation, pursuant to regulations adopted by the commission. A
penalty assessed under this section shall be determined on the record
after the opportunity for a hearing.
(b) In assessing a penalty under this section, the commission
shall consider the following factors, in addition to any other
relevant factors, in determining the amount of the penalty:
(1) The archaeological, historical, or commercial value of the
(2) The cultural and spiritual significance of the item involved.
(3) The damages suffered, both economic and noneconomic, by the
(4) The number of violations that have occurred.
(c) If any agency or museum fails to pay a civil penalty pursuant
to a final order issued by the commission and the time for judicial
review has passed or the party subject to the civil penalty has
appealed the penalty or after a final judgment has been rendered on
appeal of the order, the Attorney General shall act on behalf of the
commission to institute a civil action in an appropriate court to
collect the penalty.
(d) An agency or museum shall not be subject to civil penalties
for actions taken in good faith to comply with the federal Native
American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001
The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.