109.2. Except in the case of a second offence within two years, no penal proceedings may be instituted under this act, the regulations or a decree unless the Attorney General or, as the case may be, the board has mailed a preliminary notice to the contravener describing the offence and specifying the minimum fine, the amount of the costs and the place where payment must be made within ten days following the notice.
Payment of the required amount within the prescribed time precludes penal proceedings.
After payment, the accused is to be considered as having been found guilty of the offence.
However, payment may in no case be invoked as an admission of civil liability.
Failure to receive the preliminary notice required by this section may in no case be invoked against proceedings for an offence and it is not necessary to allege or to prove that it was sent. But if the accused, on appearance, pleads guilty and then proves that he did not receive the notice, he shall not be condemned to pay a higher amount than he would have had to pay pursuant to the notice.
The amount of the costs referred to in the first paragraph is fixed by regulation of the Government.