§2615 — Title 15 Commerce and Trade | U.S. Code

Summary

Breaking the rules in section 2614 or 2689 can lead to money penalties and other actions. A person can be charged up to $37,500 for each violation, and each day the problem continues counts as a separate violation. The agency head can order the fine after giving written notice and a chance for a hearing under the federal administrative hearing rules (Title 5, section 554). The person must ask for that hearing within 15 days after getting the notice. When setting the amount, the agency will look at how bad the violation was, the circumstances, how much harm it caused, the person’s ability to pay, effects on the business, past violations, and blameworthiness. The agency can reduce, change, or cancel a penalty and can take the final amount from money the United States owes the person. If a person asked for a hearing and loses, they can ask a U.S. Court of Appeals for review (the D.C. Circuit or the circuit where they live or do business) within 30 days. If they do not pay after the order becomes final or after a court upholds it, the government may collect the penalty. Knowing or willful violations can bring criminal punishment on top of or instead of civil fines. A knowing violation can lead to a fine up to $50,000 for each day of violation, up to 1 year in jail, or both. If the violator knew the act put someone in immediate danger of death or serious injury, the penalty can be a fine up to $250,000, up to 15 years in prison, or both. If an organization causes that kind of danger, it can be fined up to $1,000,000. Prosecution follows related federal rules.

Title 15, §2615

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Any person who violates a provision of section 2614 or 2689 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $37,500 for each such violation. Each day such a violation continues shall, for purposes of this subsection, constitute a separate violation of section 2614 or 2689 of this title.

(2)(A)A civil penalty for a violation of section section 2614 or 2689 of this title shall be assessed by the Administrator by an order made on the record after opportunity (provided in accordance with this subparagraph) for a hearing in accordance with section 554 of title 5. Before issuing such an order, the Administrator shall give written notice to the person to be assessed a civil penalty under such order of the Administrator’s proposal to issue such order and provide such person an opportunity to request, within 15 days of the date the notice is received by such person, such a hearing on the order.

(B)In determining the amount of a civil penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.

(C)The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.

(3)Any person who requested in accordance with paragraph (2)(A) a hearing respecting the assessment of a civil penalty and who is aggrieved by an order assessing a civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.

(4)If any person fails to pay an assessment of a civil penalty—

(A)after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (3), or

(B)after a court in an action brought under paragraph (3) has entered a final judgment in favor of the Administrator,

(b)(1)Any person who knowingly or willfully violates any provision of section 2614 or 2689 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) of this section for such violation, be subject, upon conviction, to a fine of not more than $50,000 for each day of violation, or to imprisonment for not more than one year, or both.

(2)(A)Any person who knowingly and willfully violates any provision of section 2614 or 2689 of this title, and who knows at the time of the violation that the violation places an individual in imminent danger of death or serious bodily injury, shall be subject on conviction to a fine of not more than $250,000, or imprisonment for not more than 15 years, or both.

(B)Notwithstanding the penalties described in subparagraph (A), an organization that commits a knowing violation described in subparagraph (A) shall be subject on conviction to a fine of not more than $1,000,000 for each violation.

(C)Subparagraphs (B) through (F) of section 7413(c)(5) of title 42 shall apply to the prosecution of a violation under this paragraph.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a)(1). Pub. L. 114–182, § 12(1), substituted “$37,500” for “$25,000”. Subsec. (b). Pub. L. 114–182, § 12(2), designated existing provisions as par. (1), inserted heading, substituted “$50,000” for “$25,000”, and added par. (2). 1992—Subsecs. (a)(1), (2)(A), (b). Pub. L. 102–550 substituted “section 2614 or 2689 of this title” for “section 2614 of this title” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2615 Penalties