§14304 Enforcement

Summary

The Administrator can order a person to stop breaking the rules, make them fix the problem right away or within a set time, and can fine them up to $10,000 for each violation. If someone keeps breaking the rules or does not follow an order, the Administrator can sue in U.S. district court where the violation happened or where the person lives to get relief, including a temporary or permanent injunction. The order must say clearly what the violation is, and any fine must reflect how serious the violation was and whether the person tried in good faith to comply. An order becomes final unless the person named asks for a hearing on the record within 30 days after it is served. If a hearing is requested, the Administrator must hold it quickly and can subpoena witnesses and documents. If the person does not correct the problem in the time given, the Administrator may impose another civil penalty of up to $10,000 for continued noncompliance. The law also says the Administrator may not take enforcement action against someone who sold a covered battery or product to a consumer if it was bought ready for sale and sold without modification, and it mentions importers of covered batteries and people who know a battery’s chemical contents.