§7107 Enforcement

Summary

Federal district courts can enforce and stop people from breaking orders or rules made under this chapter. The Secretary usually must send civil cases to the Attorney General for action. But if the Secretary thinks a written warning or an administrative step under section 7106 will do the job, the Secretary does not have to refer the matter. If someone willfully breaks a Secretary’s order or rule, the Secretary can fine them up to $1,000 for each violation and can add another penalty equal to any unpaid assessment. Each violation is counted separately. The Secretary can also order the person to stop the violation instead of, or in addition to, a fine. Before issuing a fine or a stop order, the Secretary must give notice and a chance for a hearing. If the Secretary issues a penalty or stop order, the person has 30 days from notice to appeal to a U.S. court of appeals (either the circuit where they live or do business, or the D.C. Circuit) and must send a copy of the appeal to the Secretary by certified mail. The Secretary must file the case record with the court. A court can overturn the Secretary’s finding only if there is not enough solid evidence to support it. If someone disobeys a valid stop order after a hearing, the Secretary may fine them up to $500 for each offense, and each day of continued disobedience is a separate violation. If a person does not pay a valid civil penalty, the Secretary will ask the Attorney General to sue to collect it in a district court where the person lives or does business; that court cannot reopen the question of whether the penalty was proper. These enforcement tools do not replace other legal remedies that might be available.