§14304 Enforcement

Summary

The Administrator can order people to follow the rules and can fine them up to $10,000 for each time they break the rules. The Administrator can also require fix-up right away or by a set date. If someone keeps breaking the rules or won’t follow an order, the Administrator can sue in federal court where the break happened or where the person lives to get a court order, including a temporary or permanent stop order. Any order must explain what was wrong. When deciding a fine, the Administrator must think about how serious the problem was and whether the person tried in good faith to follow the rules. A person hit with an order has 30 days to ask for a hearing. If they ask, the Administrator must hold a recorded hearing and can issue subpoenas for witnesses or papers. If the person doesn’t fix the problem in the time given, the Administrator can charge up to $10,000 more for ongoing noncompliance. The Administrator cannot enforce against someone who bought a battery already ready to sell to consumers and sold it without changing it; that protection applies to an importer who knows the battery’s chemical contents.