§8142 Penalties

Summary

An executive agency can order someone to pay up to $25,000 for each time they break the rules in sections 8124 or 8141. For violations of section 8124, each day the wrong action continues counts as a separate violation. The agency must send a written notice that says when and how the person broke the rule and tells them about the right to a hearing and to appeal. The person has 15 days to ask for a hearing. If asked, a hearing is held before an administrative judge under the usual hearing rules. The judge decides the facts, writes a decision, and the judge or the agency head decides the fine. When picking the fine, they must consider how serious the violation was, the person’s ability to pay, harm to the business, any past violations, blame, any compliance program, and other fair factors. The judge’s decision is a recommendation to the agency head, who has 60 days to change it or it becomes final. A person harmed by a final order may ask for court review in the U.S. Court of Appeals for the D.C. Circuit or the court of appeals where the violation happened within 30 days. If someone does not follow a final order and has not appealed, or a court has sided with the agency, the agency can sue in federal district court to enforce the order and the court cannot re-litigate the order’s validity. Penalties must include interest at currently prevailing rates starting from either the end of the 60-day review period or the date the order became final. Criminal punishment is also possible: fines under title 18, up to five years in prison, or both.