7 USC 6307 - Enforcement

U.S Code last checked for updates: May 03, 2024

§ 6307.

Enforcement

(a)

Jurisdiction

(b)

Referral to Attorney General

(c)

Civil penalties and orders

(1)

Civil penalties

Any person who willfully 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 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 or regulation, an additional penalty equal to the amount of such assessment.

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 who has been determined to be in violation of this chapter, 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 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 conducts 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, § 1972, Nov. 28, 1990, 104 Stat. 3901.)

cite as: 7 USC 6307