Section 690-503 - Administrative penalties(a) Declaration of threat.--The following actions by mine officials are declared to pose an imminent and substantial threat to the health and safety of miners: (1) Assigning an employee without training or proper certification.(2) Requiring or condoning a violation of this act, a regulation promulgated under this act or any approval, standard or order issued under this act.(3) Failing to perform a required examination.(4) Failing to address promptly the dangers identified through a mine examination or inspection by the department.(5) Supplying inaccurate information to the department.(6) Failing to notify the department as required by this act.(7) Failing to de-energize electrical power as required by this act.(8) Failing to evacuate the mine when required to do so by a provision of this act.(b) Penalty for mine officials and operator liability.--(1) If the department finds that a mine official has engaged in any of the actions under subsection (a), the department may assess an administrative penalty of up to $2,500 against the mine official. In every instance in which an administrative penalty is assessed against a mine official, the department may assess an administrative penalty of the same amount against the operator of the mine where the violations occurred.(2) If the department finds that the operator directed or condoned an unsafe act or a violation of the act: (i) the department may assess an administrative penalty of not less than $10,000 and not more than $200,000 against the operator; and(ii) the individual that directed or condoned the action shall be removed from any position of command and control.(c) Nonexclusive remedy.--Assessment of a penalty under this section does not preclude the department from exercising any other remedy available to it.(d) Factors.--In determining the amount of a penalty, the department shall consider the following:(1) The degree to which the conduct was reckless or intentional.(2) Whether an individual was fatally or seriously injured.(3) The potential for the violation resulting in death or serious injury to an individual.(4) Whether the conduct is in violation of an outstanding order.(5) In the case of an operator, the economic benefit to the operator from not complying with the applicable requirements.(e) Practice and procedure.--A penalty under this section is subject to: (1) 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action); and(2) 25 Pa. Code Ch. 1021 (relating to practice and procedures).(3) The act of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act.2008, July 7, P.L. 654, No. 55, §503, effective in 180 days [ 1/5/2009].