Section 18-10. Administrative fines

(1) The Norwegian Labour Inspection Authority may impose an administrative fine on an undertaking if any person acting on behalf of the undertaking has infringed provisions as referred to in section 18-6, first paragraph. An administrative fine may be imposed even when no person has an evident fault. The administrative fine accrues to the public treasury and may be up to 50 times the National Insurance basic amount or four per cent of the undertaking’s annual turnover. The highest amount constitutes the upper limit.

(2) When considering whether an administrative fine shall be imposed and when assessing the size of the fee, particular emphasis shall be placed on:

a.
the seriousness of the infringement,
b.
the degree of guilt,
c.
whether repeated infringements are involved,
d.
whether the undertaking using guidelines, instruction, training, controls or other measures could have prevented the infringement,
e.
whether the undertaking has had or could have obtained any advantage from the infringement,
f.
whether the infringement was committed to further the interests of the undertaking,
g.
whether other sanctions as a result of the infringement were imposed on the undertaking or any person acting on its behalf,
h.
the financial capacity of the undertaking, and
i.
the preventive effect.

(3) Unless otherwise provided by an individual decision, the time limit for compliance shall be four weeks from the time of the decision imposing an administrative fine. A final decision imposing an administrative fine is enforceable by execution. If the undertaking brings an action against the State to contest the decision, the basis for enforcement is suspended. The court may try all aspects of the matter.

(4) Administrative fines may not be imposed after two years following the infringement. The limitation period is interrupted if the Norwegian Labour Inspection Authority gives advance notification of the decision imposing an administrative fine, cf. section 16 of the Public Administration Act.