§14914 — Title 49 Transportation | U.S. Code

Summary

The Surface Transportation Board can make a person pay a money penalty if, after notice and a hearing, it finds they broke a transportation rule that allows a fine. The Board will send a written notice saying how much to pay. When deciding the amount, the Board looks at what happened, how serious it was, how responsible the person was, any past violations, the person’s ability to pay, and other fairness factors. The Board can reduce, change, or cancel a penalty before it sends the case to the Attorney General. If a person does not pay after the penalty is final, the Board can ask the Attorney General to collect it in a U.S. district court. A person can ask for a refund within 1 year of paying if the Board finds the penalty was unlawful, improper, or excessive.

Title 49, §14914

Transportation — Source: USLM XML via OLRC

(a)After notice and an opportunity for a hearing, a person found by the Surface Transportation Board to have violated a provision of law that the Board carries out or a regulation prescribed under that law by the Board that is related to transportation which occurs under subchapter II of chapter 135 for which a civil penalty is provided, is liable to the United States for the civil penalty provided. The amount of the civil penalty shall be assessed by the Board by written notice. In determining the amount of the penalty, the Board shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(b)The Board may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.

(c)If a person fails to pay an assessment of a civil penalty after it has become final, the Board may refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(d)The Board may refund or remit a civil penalty collected under this section if—

(1)application has been made for refund or remission of the penalty within 1 year from the date of payment; and

(2)the Board finds that the penalty was unlawfully, improperly, or excessively imposed.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§14914 Civil penalty procedures

Summary

Title 49, §14914

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata