7 USC 6808 - Enforcement

U.S Code last checked for updates: Apr 29, 2024

§ 6808.

Enforcement

(a)

Jurisdiction

(b)

Referral to Attorney General

(c)

Civil penalties and orders

(1)

Civil penalties

(A)

In general

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

(i)

a civil penalty of not less than $500 nor more than $5,000 for each violation; and

(ii)

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

(B)

Separate offenses

(2)

Cease and desist orders

(3)

Notice and hearing

(4)

Finality

(d)

Review by district court

(1)

Commencement of action

(A)

In general

Any person against whom a violation is found and a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review of the penalty or order by, within the 30-day period beginning on the date the penalty is assessed or order issued—

(i)

filing a notice of appeal in the district court of the United States for the district in which the person resides or conducts business, or in the United States District Court for the District of Columbia; and

(ii)

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

(B)

Copy of record

(2)

Standard of review

(e)

Failure to obey order

(1)

In general

(2)

Separate violations

(f)

Failure to pay penalty

(1)

In general

(2)

Scope of review

(g)

Additional remedies

(Pub. L. 103–190, § 9, Dec. 14, 1993, 107 Stat. 2286.)

cite as: 7 USC 6808