7 USC 6411 - Enforcement

U.S Code last checked for updates: Nov 25, 2024

§ 6411.

Enforcement

(a)

Jurisdiction

(b)

Referral to Attorney General

(c)

Civil penalties and orders

(1)

Civil penalties

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

(A)

a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation; or

(B)

in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the person under this chapter or a regulation issued under this chapter, a civil penalty by the Secretary of not less than $10,000 nor more than $100,000 for each such violation.

Each violation shall be a separate offense.

(2)

Cease-and-desist orders

(3)

Notice and hearing

(4)

Finality

(d)

Review by district court

(1)

Commencement of action

Any person against whom a violation is found and a civil penalty assessed or cease-and-desist order issued under subsection (c) may obtain review of the penalty or order by—

(A)

filing, within the 30-day period beginning on the date the penalty is assessed or 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 orders

(f)

Failure to pay penalties

(g)

Additional remedies

(Pub. L. 101–624, title XIX, § 1999L, Nov. 28, 1990, 104 Stat. 3922; Pub. L. 102–237, title VIII, § 809, Dec. 13, 1991, 105 Stat. 1883.)

cite as: 7 USC 6411