7 U.S.C. § 7419: Enforcement

Summary

Federal district courts can enforce and stop people from breaking rules or orders the Secretary issues under this part. If a civil case is needed, the Secretary must usually send it to the Attorney General. The Secretary does not have to refer a case if a written warning or an internal administrative action will handle the problem. If someone willfully breaks a rule or order, the Secretary can fine them $1,000 to $10,000 for each violation. Each violation and each day a person keeps breaking the rule counts separately. The Secretary can also order someone to stop the violation instead of, or along with, a fine. Before a fine or a stop order, the person must get notice and a chance for a hearing on the record. Those orders are final unless the person files an appeal within 30 days in the U.S. court of appeals for their circuit or the D.C. Circuit and sends a copy by certified mail to the Secretary. The Secretary must send the court the certified record. A Secretary’s finding can be overturned only if it lacks substantial evidence in the record. If a person disobeys a stop order after a hearing, they face $1,000 to $10,000 per offense and each day is a separate violation. If someone won’t pay a fine, the Secretary will ask the Attorney General to sue in a federal district court where the person lives or does business, and that suit cannot reargue whether the fine was proper. Other legal remedies can also be used.

Title 7, §7419

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(a)Jurisdiction

The district courts of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation issued under this subchapter.

(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 shall not be required to refer to the Attorney General a violation of this subchapter if the Secretary believes that the administration and enforcement of this subchapter would be adequately served by providing a suitable written notice or warning to the person who committed the violation or by an administrative action under this section.

(c)Civil penalties and orders

(1)Civil penalties

A person who willfully violates an order or regulation issued by the Secretary under this subchapter may be assessed by the Secretary a civil penalty of not less than $1,000 and not more than $10,000 for each violation.

(2)Separate offense

Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense.

(3)Cease-and-desist orders

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

(4)Notice and hearing

No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation.

(5)Finality

An order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the United States court of appeals, as provided in subsection (d).

(d)Review by court of appeals

(1)In general

A person against whom an order is issued under subsection (c) may obtain review of the order by—

(A)filing, not later than 30 days after the person receives notice of the order, a notice of appeal in—

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

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

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

(2)Record

The Secretary shall file with the court a certified copy of the record on which the Secretary has determined that the person has committed a violation.

(3)Standard of review

A finding of the Secretary under this section shall be set aside only if the finding is found to be unsupported by substantial evidence on the record.

(e)Failure to obey cease-and-desist orders

A person who fails to obey a valid cease-and-desist order issued by the Secretary under this section, after an opportunity for a hearing, shall be subject to a civil penalty assessed by the Secretary of not less than $1,000 and not more than $10,000 for each offense. Each day during which the failure continues shall be considered to be a separate violation of the cease-and-desist order.

(f)Failure to pay penalties

If a person fails to pay a civil penalty imposed under this section by the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States for any district in which the person resides or carries on business. In the action, the validity and appropriateness of the order imposing the civil penalty shall not be subject to review.

(g)Additional remedies

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c)(1), was in the original “this Act” and was translated as reading “this subtitle”, meaning subtitle B (§§ 511–526) of title V of Pub. L. 104–127, Apr. 4, 1996, 110 Stat. 1032, to reflect the probable intent of Congress.

§7419 Enforcement

Summary

Title 7, §7419

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata