7 U.S.C. § 4815: Enforcement

Summary

A U.S. district court can enforce and stop anyone from breaking an order, rule, or regulation made under this law. If someone sues in court about such a violation, the case is usually sent to the Attorney General for action. The Secretary does not have to send it to the Attorney General if the Secretary thinks a written warning or an administrative step will handle the problem. If someone willfully breaks a rule, the Secretary can fine them up to $1,000 for each separate offense and can add a penalty equal to any unpaid assessment. The Secretary can also order the person to stop (a cease-and-desist). Before a fine or stop order, the person must get notice and a chance for a hearing. The person has 30 days after getting the stop order to appeal to the federal court of appeals where they live or do business, or to the D.C. Circuit, and must mail a copy to the Secretary. A court will overturn the Secretary’s finding only if there is not substantial evidence. Not obeying a stop order can bring a fine up to $500 per offense, with each day counting as another violation. If a fine is not paid, the Secretary will send the case to the Attorney General to collect in district court, and that collection action cannot question the original order. These remedies are additional to any other legal options available.

Title 7, §4815

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(a)Jurisdiction of district court; referral of civil actions to Attorney General

(1)A district court of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating an order, rule, or regulation issued under this chapter.

(2)A civil action authorized to be brought under this subsection shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this chapter if the Secretary believes that the administration and enforcement of this chapter would be adequately served by providing a suitable written notice or warning to a person who committed such violation or by administrative action under subsection (b).

(b)Penalties for willful violations; issuance of cease-and-desist orders; judicial review of orders; penalty for failure to obey cease-and-desist order

(1)(A)A person who willfully violates an order, rule, or regulation issued by the Secretary under this chapter may be assessed—

(i)a civil penalty by the Secretary of not more than $1,000 for each such violation; and

(ii)in the case of a willful failure to pay, collect, or remit an assessment as required by an order, an additional penalty equal to the amount of such assessment.

(B)Each such violation shall be a separate offense.

(C)In addition to or in lieu of such civil penalty, the Secretary may issue an order requiring such person to cease and desist from violating such order, rule, or regulation.

(D)No penalty may be assessed or cease-and-desist order issued unless the Secretary gives such person notice and opportunity for a hearing on the record with respect to such violation.

(E)An order issued under this paragraph by the Secretary shall be final and conclusive unless such person files an appeal from such order with the appropriate United States court of appeals not later than 30 days after such person receives notice of such order.

(2)(A)A person against whom an order is issued under paragraph (1) may obtain review of such order in the court of appeals of the United States for the circuit in which such person resides or does business, or in the United States Court of Appeals for the District of Columbia Circuit, by—

(i)filing a notice of appeal in such court not later than 30 days after the date of such order; and

(ii)simultaneously sending a copy of such notice by certified mail to the Secretary.

(B)The Secretary shall file promptly in such court a certified copy of the record on which such violation was found.

(C)A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.

(3)(A)A person who fails to obey a valid cease-and-desist order issued under paragraph (1) by the Secretary, after an opportunity for a hearing, shall be subject to a civil penalty assessed by the Secretary of not more than $500 for each offense.

(B)Each day during which such failure continues shall be considered a separate violation of such order.

(4)(A)If a person fails to pay a valid civil penalty imposed under this subsection by the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in an appropriate district court of the United States.

(B)In such action, the validity and appropriateness of the order imposing such civil penalty shall not be subject to review.

(c)Availability of additional remedies

The remedies provided in subsections (a) and (b) shall be in addition to, and not exclusive of, other remedies that may be available.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.

§4815 Enforcement

Summary

Title 7, §4815

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata