§7193 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary may issue a written remedial order to anyone who, after investigation, appears to have broken a rule made under the Emergency Petroleum Allocation Act of 1973. The order must explain the alleged violation and point to the specific rule. "Person" means any individual, group, company, corporation, partnership, or other kind of entity. If the person does not tell the Secretary within 30 days that they will contest the order, the order becomes effective and final and cannot be reviewed. If the person does notify the Secretary within 30 days, the Secretary must tell the Commission. The Commission will generally pause the order unless immediate compliance is needed for the public interest. On request, the Commission will hold a hearing that at least allows briefs, evidence, and oral arguments and may allow cross-examination if needed. The Commission will then affirm, change, cancel, or give other relief and issue a final agency order; the Secretary handles enforcement and any court review. The Secretary can set reasonable time limits for the Commission. Earlier steps the Secretary took before the order can still be reviewed at the hearing. These rules apply only to proceedings started by a notice of probable violation issued after October 1, 1977. For a person whose only petroleum work is marketing, the Secretary cannot bring a civil action (other than injunctive relief) or issue a remedial order if the action is based on a retroactive application or interpretation of a rule and the person relied in good faith on rules or rulings in effect when the violation happened.

Title 42, §7193

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If upon investigation the Secretary or his authorized representative believes that a person has violated any regulation, rule, or order described in section 7191(a) of this title promulgated pursuant to the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [15 U.S.C. 751 et seq.], he may issue a remedial order to the person. Each remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to have been violated. For purposes of this section “person” includes any individual, association, company, corporation, partnership, or other entity however organized.

(b)If within thirty days after the receipt of the remedial order issued by the Secretary, the person fails to notify the Secretary that he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency.

(c)If within thirty days after the receipt of the remedial order issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. To the extent that the Commission in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s remedial order, or directing other appropriate relief, and such order shall, for the purpose of judicial review, constitute a final agency action, except that enforcement and other judicial review of such action shall be the responsibility of the Secretary.

(d)The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to it pursuant to this section.

(e)Nothing in preceding provisions of this section shall be construed to affect any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in preceding provisions of this section, but such procedures shall be reviewable in the hearing.

(f)The provisions of preceding provisions of this section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after October 1, 1977.

(g)With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against such person for any violation of any rule or regulation if—

(1)such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and

(2)such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

Amendments

1978—Subsecs. (e), (f). Pub. L. 95–620, § 805(b), inserted “preceding provisions of” before “this section”. Subsec. (g). Pub. L. 95–620, § 805(a), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an

Effective Date

note under section 8301 of this title.

§7193 Remedial orders

Summary

Title 42, §7193

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata