§8142 Penalties

Summary

People who break the rules in sections 8124 or 8141 must pay a civil fine of up to $25,000 for each violation. Each day the wrong act keeps happening counts as a separate violation. Before a penalty is ordered, the agency must give written notice that is verifiably served and explains when and what the alleged violations are and what options the person has. The person has 15 days to ask for a hearing. If they ask, an administrative judge will hold a hearing like other federal administrative hearings. If the judge finds it more likely than not that the person broke the rules, the judge will write findings and recommend a penalty. The judge or agency will consider things like how serious the violation was, ability to pay, past violations, blame, and any compliance program when setting the amount. The agency head has 60 days to change the judge’s decision; otherwise it becomes final. A person can ask a federal court to review a final order within 30 days. If the person won’t follow a final order and the agency brings a court action, the court may not re‑examine whether the order was valid. Penalties carry interest from the date the agency decision became final. In addition to civil fines, a person who violates those sections can be criminally fined under federal law, jailed for up to five years, or both.