7 U.S.C. § 6411: Enforcement

Summary

Gives U.S. district courts the power to enforce and stop people from breaking any order or rule made under this chapter. The Secretary can send civil cases to the Attorney General for action, but may instead give a written warning or use internal enforcement when that seems enough. If someone breaks a rule or fails to collect or pay a required fee, the Secretary can fine them $500 to $5,000 for each violation, or $10,000 to $100,000 for each willful failure to collect or pay. Each day or act that breaks the rule counts as a separate violation. The Secretary can also order someone to stop the violation. No fine or stop order can be made without giving the person notice and a chance for a hearing. A person can appeal a Secretary’s final penalty or stop order by filing in a U.S. district court within 30 days where they live or do business, or in the District of Columbia, and must send a certified copy to the Secretary. The Secretary must file the official record in court. The court will set aside the Secretary’s finding only if it has no substantial evidence. If someone disobeys a final stop order, they can be fined up to $5,000 for each day they keep disobeying. If a final fine is not paid, the Secretary will send the case to the Attorney General to collect in court, and the court may not re‑review the validity of that final order. These enforcement tools are in addition to other legal remedies.

Title 7, §6411

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(a)Jurisdiction

The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued under this chapter.

(b)Referral to Attorney General

A civil action authorized to be brought under this section 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, or any order or regulation issued under 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 the person who committed such violation or by administrative action under subsection (c).

(c)Civil penalties and orders

(1)Civil penalties

Any person who violates any provision of any order or regulation issued by the Secretary under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulations, may be assessed—

(A)a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation; or

(B)in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the person under this chapter or a regulation issued under this chapter, a civil penalty by the Secretary of not less than $10,000 nor more than $100,000 for each such violation.

Each violation shall be a separate offense.

(2)Cease-and-desist orders

In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring the person to cease and desist from continuing such violation.

(3)Notice and hearing

No penalty shall be assessed or cease-and-desist order issued by the Secretary unless the person against whom the penalty is assessed or the order issued is given notice and opportunity for a hearing before the Secretary with respect to such violation.

(4)Finality

The order of the Secretary assessing a penalty or imposing a cease-and-desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate district court of the United States in accordance with subsection (d).

(d)Review by district court

(1)Commencement of action

Any person against whom a violation is found and a civil penalty assessed or cease-and-desist order issued under subsection (c) may obtain review of the penalty or order by—

(A)filing, within the 30-day period beginning on the date the penalty is assessed or order issued, a notice of appeal in—

(i)the district court of the United States for the district in which the person resides or carries on business; or

(ii)the United States District Court for the District of Columbia; and

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

(2)Record

The Secretary shall file promptly in such court a certified copy of the record on which the Secretary found that the person had committed a violation.

(3)Standard of review

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

(e)Failure to obey orders

Any person who fails to obey a cease-and-desist order after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of such order.

(f)Failure to pay penalties

If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court in which the person resides or conducts business. In the action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(g)Additional remedies

The remedies provided in this chapter shall be in addition to, and not exclusive of, other remedies that may be available.

Editorial Notes

Amendments

1991—Subsec. (b). Pub. L. 102–237 substituted “this section” for “this subsection” after “brought under”.

§6411 Enforcement

Summary

Title 7, §6411

Notes & Related Subsidiaries

Editorial Notes

Amendments

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