Penalty for violations

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  • (a) The Commission shall promulgate a schedule of fines for violation of any provision of this subchapter and the Beneficiary's Certificate within 90 days of the effective date of this section.

  • (b) If any Beneficiary shall violate any provision of this subchapter, any rule or regulation promulgated hereunder, or provision of its Economic Development Certificate, or shall fail or refuse to perform any duty, requirement or lawful order made by the Commission, such beneficiary, after notice and the opportunity of a hearing, shall be fined in accordance with the schedule of fines under subsection (a) of this section. These fines shall be deposited into the Industrial Promotion Fund. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or person acting for or employed by any Beneficiary, acting within the scope of employment, shall, in every case be deemed to be an act, omission, or failure of such Beneficiary.

  • (c) The Commission shall complete an annual compliance review of each beneficiary upon payment of its annual compliance fee. If the Commission fails to complete the annual compliance review, it shall be limited to assessing fines for violations that occurred commencing with the calendar year ending three years prior to the completion of the compliance review and ending with the last day of the compliance review period.

  • (d) The Attorney General of the Virgin Islands, at the request of the Commission, shall forthwith bring appropriate action to compel adherence to, or enjoin violations of any lawful orders of the Commission issued pursuant to this subchapter, and to recover in the name of the Government of the Virgin Islands the penalties provided herein.


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