Which method allows penalties to be assessed without court action?

• A. Regulatory enforcement (notice of violation, penalty assessment - with or without settlement)
• B. Administrative Agency may assess penalties without court (administrative order)
• C. Judicial Agency administrator may go to court to seek injunctions or penalties
• D. Criminal enforcement (beyond a reasonable doubt)

Answer: (B)

Penalties without court action come from the agency using its own administrative authority to enforce rules. When a violation is found, the Administrative Agency can issue an administrative order that specifies the penalty and any required corrective actions. This process imposes the penalty directly through the agency’s internal procedures, often with a mechanism to challenge the decision through an administrative hearing or appeal, all without filing a case in court. This approach is designed to be more efficient than going to court while still ensuring due process within the agency’s framework.

This differs from criminal enforcement, which requires proving guilt in court beyond a reasonable doubt, and from actions that go to court for injunctions or penalties. It also clarifies that while notices of violation and penalty assessments can occur in regulatory workflows, the formal method that unambiguously allows penalties to be assessed without court action is the administrative order issued by the agency.