7 USC 7107 - Enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 7107.

Enforcement

(a)

Jurisdiction

(b)

Referral to Attorney General

(c)

Civil penalties and orders

(1)

Civil penalties

A person who willfully violates an order or regulation issued by the Secretary under this chapter may be assessed by the Secretary—

(A)

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

(B)

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

(2)

Separate offense

(3)

Cease-and-desist orders

(4)

Notice and hearing

(5)

Finality

(d)

Review by court of appeals

(1)

In general

A person against whom an order is issued under subsection (c) may obtain review of the order by—

(A)

filing, not later than 30 days after the date of the order, a notice of appeal in—

(i)

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

(ii)

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

(B)

simultaneously sending a copy of the notice of appeal 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. 103–407, § 8, Oct. 22, 1994, 108 Stat. 4224.)

cite as: 7 USC 7107