(1) The Secretary is empowered to establish and impose administrative fines, through regulations, for infractions of this chapter, in those cases in which an administrative fine has not been established previously, or the infraction is deemed a crime. Thus, he/she is empowered to impose administrative fines for infractions to the provisions of the regulations approved under this chapter. Provided, That the administrative fines to be imposed by the Secretary shall not exceed five thousand dollars ($5,000) per incident.
The administrative fines imposed by the Secretary as a result of an adjudicative procedure shall be paid in the Department to the authorized collector or cashier, by check, money order or any other method, drawn to the order of the Secretary of the Treasury, that is accepted by the Department of the Treasury. The administrative fines imposed as a result of a fine, shall be paid in any Internal Revenue Collection Office.
(2) The Secretary shall determine which infractions are to be imposed by the issuing of tickets, empowering the police officers to issue the same.
(3) Every administrative fine imposed for violations to the provisions of this chapter or its regulations shall be covered into the Special Fund established in § 1411 of this title. When the operator or user of a vessel or ship, or navigation vehicle incurs an infraction for which an administrative fine is established, and as a result, causes or contributes to cause an accident which brings about the injury of a person or damage to private property, such act shall be deemed a misdemeanor. Provided, however, That this shall not impair the power to prosecute acts that constitute violations to this chapter or its regulations as felonies or misdemeanors typified in the Penal Code or any other special law.
History —Dec. 21, 2000, No. 430, § 9[bis], renumbered as § 10 and amended on Sept. 14, 2004, No. 283, § 4.