Section 25516 Of Article 1. Business And Area Plans From California Health And Safety Code >> Division 20. >> Chapter 6.95. >> Article 1.
25516
. (a) A person who provides information that materially
contributes to the imposition of a civil penalty, whether by
settlement or court order, under Section 25515 or 25515.2, as
determined by the city attorney, district attorney, or the Attorney
General filing the action, shall be paid a reward by the unified
program agency or the state equal to 10 percent of the amount of the
civil penalty collected. The reward shall be paid from the amount of
the civil penalty collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
(b) A person who provides information that materially contributes
to the conviction of a person or business under Section 25515.1 or
25515.3, as determined by the city attorney, district attorney, or
the Attorney General filing the action, shall be paid a reward by the
unified program agency or the state equal to 10 percent of the
amount of the fine collected. The reward shall be paid from the
amount of the fine collected. No reward paid pursuant to this
subdivision shall exceed five thousand dollars ($5,000).
(c) An informant shall not be eligible for a reward for a
violation known to the unified program agency, unless the information
materially contributes to the imposition of criminal or civil
penalties for a violation specified in this section.
(d) If there is more than one informant for a single violation,
the person making the first notification received by the office which
brought the action shall be eligible for the reward, except that, 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.
(e) Public officers and employees of the United States, the State
of California, or counties and cities in this state are not eligible
for the reward pursuant to subdivision (a) or (b), unless the
providing of the information does not relate in any manner to their
responsibilities as public officers or employees.
(f) An informant who is an employee of a business and who provides
information that the business has 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.
(g) The unified program agency or the state shall pay rewards
under this section pursuant to the following procedures:
(1) An application shall be signed by the informant and presented
to the unified program agency or the state within 60 days after a
final judgment has been entered or the period for an appeal of a
judgment has expired.
(2) The determination by the district attorney, city attorney, or
Attorney General as to whether the information provided by the
applicant materially contributed to the imposition of a judgment
under Section 25515.1 or 25515.3 shall be final.
(3) The unified program agency or the state shall notify the
applicant in writing of its decision to grant or deny a reward within
a reasonable time period following the filing of an application.
(4) Approved reward claims shall be paid by the unified program
agency or the state within 30 days of the collection and deposit of
the penalties specified in subdivisions (a) and (b).
(h) The names of reward applicants or informants shall not be
disclosed by the unified program agency or the state unless the names
are otherwise publicly disclosed as part of a judicial proceeding.
(i) Notwithstanding any other provision of this section, rewards
paid by the state shall only be paid after appropriation by the
Legislature.