§8142 Penalties

Summary

People who are found to have broken section 8124 or section 8141 must pay a civil fine up to $25,000 for each violation. Each day the violation continues counts as a separate violation. Before anyone is fined, the head of the responsible federal agency must give written notice. The person has 15 days after that notice to ask for a hearing. If they ask, an administrative judge will hold a hearing under the usual federal hearing rules. If they do not ask, the agency’s order becomes final. If the judge decides it is more likely than not the person broke the law, the judge will explain the facts and order the penalty. When setting the fine, the judge or agency must consider things like how serious the violation was, the person’s ability to pay, effects on their business, any past violations, how responsible they were, and whether they had a compliance program. Notices must be verifiably served and say when the violation happened and what remedies are available, including appeals. The judge’s decision is sent to the agency head, who has 60 days to change it; otherwise it becomes final. A final order can be appealed in 30 days to the D.C. Circuit or the court where the violation happened. If the person does not follow a final order and has not appealed, or a court has sided with the agency, the agency can bring a civil action to enforce it and the court will not re-review the order’s validity. Penalties earn interest at currently prevailing rates from the date the 60-day period ends or from the date of the final order, as applicable. In addition to fines, a violator may be criminally fined, imprisoned for up to five years, or both.