§3805 Civil Penalties

Summary

The Secretary can fine anyone who breaks this law or its rules up to $10,000 for each separate offense. The Secretary must give notice and a chance for a formal hearing before ordering a penalty. Criminal penalties are excluded. The written penalty order must take into account how serious the violation was, how much the person was at fault, and any past violations. A person has 60 days to ask a U.S. court of appeals to review the Secretary’s order. That court can block, cancel, pause, or decide whether the order is valid, and it looks at the same record the Secretary used. If the penalty becomes final and is not paid, the Secretary sends the case to the Attorney General, who will sue in federal district court to collect the money. Collection suits may not re‑argue the penalty’s validity. All collected fines go to the U.S. Treasury. The Secretary may also settle, reduce, or cancel a penalty, with or without conditions.