§7193 Remedial Orders

Summary

If the Secretary believes someone broke rules made under the Emergency Petroleum Allocation Act of 1973, the Secretary can send that person a written remedial order. The order must say exactly what rule was broken and why. “Person” here means any individual, group, company, or other type of business. The person has 30 days after getting the order to say they want to contest it. If they do not, the order becomes final and cannot be reviewed by a court or agency. If they do contest it in time, the Secretary tells the Commission. The Commission will pause the order unless it finds the public interest needs it to take effect right away. The Commission must let the person ask for a hearing with briefs, evidence, and oral arguments, and allow cross-examination if needed. After the hearing, the Commission will affirm, change, cancel, or give other relief and issue a final order for judicial review. The Secretary can set reasonable deadlines for the Commission. Earlier steps the Secretary took before the order can still be reviewed at the hearing. These rules apply only to cases started by a notice of probable violation issued after October 1, 1977. If a person only markets petroleum products, the Secretary may not use a remedial order or non‑injunction civil action based on a retroactive rule or retroactive interpretation if the person relied in good faith on the rules or rulings that existed when the violation happened.