Section 31Sec./Art. 31

Explanation, Recommendation, Disclosure and Order. -Upon determination that a reasonable ground exists that an establishment has committed any of the prohibited acts under Section 30 of this Act, the DOE may consider the following measures prior to the imposition of the appropriate fines and penalties for such violations:

(a) Require an explanation supported by reports, returns, and other documents to rebut the alleged commission of the prohibited act;

(b) In cases where an explanation has been issued but the DOE finds a violation because of materially insufficient reports, false returns, and nonsubmission of required documents, provide a recommendation to the said establishment;

(c) Disclose the name of the establishment after it has received a recommendation and failed to comply with such recommendation; and

(d) Issue an order in cases where the said establishment fails to follow or comply with the recommendation of the DOE: Provided, That failure on the part of the establishment to comply with the order shall be a valid ground for the imposition of fines and/or penalties in accordance with Section 32 of this Act.