7 USC 7448 - Enforcement

U.S Code last checked for updates: Nov 23, 2024

§ 7448.

Enforcement

(a)

Jurisdiction

(b)

Referral to Attorney General

(c)

Civil penalties and orders

(1)

Civil penalties

(A)

In general

Any person who willfully violates any provision of an order or regulation issued by the Secretary under this subchapter, or who fails or refuses to pay, collect, or remit an assessment or fee required of the person under an order or regulation, may be assessed—

(i)

a civil penalty by the Secretary of not more than $1,000 for each violation; and

(ii)

in the case of a willful failure to pay, collect, or remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment.

(B)

Separate offense

(2)

Cease-and-desist orders

(3)

Notice and hearing

(4)

Finality

(d)

Review by district court

(1)

Commencement of action

Any person who has been determined to be in violation of this subchapter, or against whom a civil penalty has been assessed or a cease-and-desist order issued under subsection (c), may obtain review of the penalty or cease-and-desist order by—

(A)

filing, within the 30-day period beginning on the date the penalty is assessed or cease-and-desist order issued, a notice of appeal in—

(i)

the district court of the United States for the district in which the person resides or carries on business; or

(ii)

the United States District Court for the District of Columbia; and

(B)

simultaneously sending a copy of the notice by certified mail to the Secretary.

(2)

Record

(3)

Standard of review

(e)

Failure to obey cease-and-desist orders

(f)

Failure to pay penalties

(g)

Additional remedies

(Pub. L. 104–127, title V, § 539, Apr. 4, 1996, 110 Stat. 1061.)

cite as: 7 USC 7448