§1462 Civil Penalties

Summary

People subject to section 1461 who are found, after notice and a hearing under section 554 of title 5, to have broken its rules can be fined. The fine can be up to $25,000 for each violation, and each day a violation continues counts as a separate offense. The Administrator must send the fine in writing and will decide the amount by looking at things like how serious the act was, how long it lasted, the violator’s past record, any good-faith effort to fix the problem, and other fairness factors. A person fined can ask a U.S. district court to review the penalty by filing an appeal within 30 days and mailing a copy to the Administrator. The Administrator must quickly file the official record with the court, and the court will set aside the Administrator’s findings only if they lack substantial evidence. If the fine becomes final and is not paid, the Administrator refers the case to the Attorney General to collect it in federal court, and the final order won’t be re‑examined there. The Administrator may reduce, change, or cancel a fine unless a court case under the appeal or collection rules is pending.