§7448 Enforcement

Summary

Federal district courts can enforce orders and stop people from breaking rules made under this part. Civil cases under this rule are sent to the Attorney General unless the Secretary thinks a written warning or an internal administrative step will handle it. If someone willfully breaks an order or rule, or willfully fails to pay, collect, or send a required assessment or fee, the Secretary can fine them up to $1,000 for each violation. For a willful failure to pay, the Secretary can also add a penalty equal to the unpaid assessment. Each violation counts separately. The Secretary can also order a person to stop the violation instead of or as well as fining them. No fine or stop order can be issued without giving the person notice and a chance for a hearing. The Secretary’s order is final unless the person files an appeal. A person has 30 days from the date the fine or stop order is issued to file a notice of appeal in the U.S. district court where they live or do business, or in the District of Columbia, and must send a copy by certified mail to the Secretary. The Secretary must file the record used to make the decision. A court will overturn the Secretary’s finding only if it is unsupported by substantial evidence. If someone disobeys a final stop order, they can be fined up to $5,000 for each offense, with each day counting as a separate violation. If a final penalty is unpaid, the Secretary will ask the Attorney General to sue to collect it, and that collection action cannot relitigate the penalty’s validity. These remedies add to any other legal options.