§2615 — Title 15 Commerce and Trade | U.S. Code

Summary

People who break the rules in sections 2614 or 2689 must pay civil fines to the United States. The fine can be up to $37,500 for each violation, and each day the problem continues counts as a separate violation. An agency official called the Administrator must give written notice and a chance for a hearing. The person has 15 days after getting the notice to ask for that hearing. The Administrator will consider things like how bad the violation was, how it happened, the person’s ability to pay, past violations, and other fair factors when setting the amount. The Administrator can settle, lower, or cancel a fine and may take the money from amounts the government owes the person. If unhappy after a hearing, a person can ask the U.S. Court of Appeals (D.C. Circuit or the circuit where they live or do business) to review the order within 30 days after it was issued. If the order becomes final or a court upholds it and the person does not pay, the penalty stands. Anyone who knowingly or willfully violates those rules can also face criminal charges. A person can be fined up to $50,000 for each day of violation, jailed up to one year, or both. If the violator knew the act put someone in imminent danger of death or serious injury, the penalty rises to a fine up to $250,000, jail up to 15 years, or both. If an organization commits that kind of knowing violation, the fine can be up to $1,000,000. Some additional prosecuting rules from another law also apply.

Title 15, §2615

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title.

(2)(A)A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with section 554 of title 5. Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order.

(B)In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.

(C)The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.

(3)Any person who requested in accordance with paragraph (2)(A) a hearing respecting the assessment of a civil penalty and who is aggrieved by an order assessing a civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.

(4)If any person fails to pay an assessment of a civil penalty—

(A)after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (3), or

(B)after a court in an action brought under paragraph (3) has entered a final judgment in favor of the Administrator,

(b)(1)Any person who knowingly or willfully violates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) of this section for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both.

(2)(A)Any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both.

(B)Notwithstanding the penalties described in subparagraph (A), an organization that commits a knowing violation described in subparagraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation.

(C)Subparagraphs (B) through (F) of section 7413(c)(5) of title 42 shall apply to the prosecution of a violation under this paragraph.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a)(1). Pub. L. 114–182, § 12(1), substituted “$37,500” for “$25,000”. Subsec. (b). Pub. L. 114–182, § 12(2), designated existing provisions as par. (1), inserted heading, substituted “$50,000” for “$25,000”, and added par. (2). 1992—Subsecs. (a)(1), (2)(A), (b). Pub. L. 102–550 substituted “section 2614 or 2689 of this title” for “section 2614 of this title” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2615 Penalties