15 U.S.C. § 1717a : US Code - Section 1717A: Civil money penalties

Search 15 U.S.C. § 1717a : US Code - Section 1717A: Civil money penalties

(a) In general
(1) Authority
Whenever any person knowingly and materially violates any of
the provisions of this chapter or any rule, regulation, or order
issued under this chapter, the Secretary may impose a civil money
penalty on such person in accordance with the provisions of this
section. The penalty shall be in addition to any other available
civil remedy or any available criminal penalty, and may be
imposed whether or not the Secretary imposes other administrative
sanctions.
(2) Amount of penalty
The amount of the penalty, as determined by the Secretary, may
not exceed $1,000 for each violation, except that the maximum
penalty for all violations by a particular person during any 1-
year period shall not exceed $1,000,000. Each violation of this
chapter, or any rule, regulation, or order issued under this
chapter, shall constitute a separate violation with respect to
each sale or lease or offer to sell or lease. In the case of a
continuing violation, as determined by the Secretary, each day
shall constitute a separate violation.
(b) Agency procedures
(1) Establishment
The Secretary shall establish standards and procedures
governing the imposition of civil money penalties under
subsection (a) of this section. The standards and procedures -
(A) shall provide for the imposition of a penalty only after
a person has been given an opportunity for a hearing on the
record; and
(B) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
(2) Final orders
If no hearing is requested within 15 days of receipt of the
notice of opportunity for hearing, the imposition of the penalty
shall constitute a final and unappealable determination. If the
Secretary reviews the determination or order, the Secretary may
affirm, modify, or reverse that determination or order. If the
Secretary does not review the determination or order within 90
days of the issuance of the determination or order, the
determination or order shall be final.
(3) Factors in determining amount of penalty
In determining the amount of a penalty under subsection (a) of
this section, consideration shall be given to such factors as the
gravity of the offense, any history of prior offenses (including
offenses occurring before December 15, 1989), ability to pay the
penalty, injury to the public, benefits received, deterrence of
future violations, and such other factors as the Secretary may
determine in regulations to be appropriate.
(4) Reviewability of imposition of penalty
The Secretary's determination or order imposing a penalty under
subsection (a) of this section shall not be subject to review,
except as provided in subsection (c) of this section.
(c) Judicial review of agency determination
(1) In general
After exhausting all administrative remedies established by the
Secretary under subsection (b)(1) of this section, a person
aggrieved by a final order of the Secretary assessing a penalty
under this section may seek judicial review pursuant to section
1710 of this title.
(2) Order to pay penalty
Notwithstanding any other provision of law, in any such review,
the court shall have the power to order payment of the penalty
imposed by the Secretary.
(d) Action to collect penalty
If any person fails to comply with the determination or order of
the Secretary imposing a civil money penalty under subsection (a)
of this section, after the determination or order is no longer
subject to review as provided by subsections (b) and (c) of this
section, the Secretary may request the Attorney General of the
United States to bring an action in any appropriate United States
district court to obtain a monetary judgment against the person and
such other relief as may be available. The monetary judgment may,
in the discretion of the court, include any attorneys fees and
other expenses incurred by the United States in connection with the
action. In an action under this subsection, the validity and
appropriateness of the Secretary's determination or order imposing
the penalty shall not be subject to review.
(e) Settlement by Secretary
The Secretary may compromise, modify, or remit any civil money
penalty which may be, or has been, imposed under this section.
(f) "Knowingly" defined
The term "knowingly" means having actual knowledge of or acting
with deliberate ignorance of or reckless disregard for the
prohibitions under this section.
(g) Regulations
The Secretary shall issue such regulations as the Secretary deems
appropriate to implement this section.
(h) Use of penalties for administration
Civil money penalties collected under this section shall be paid
to the Secretary and, upon approval in an appropriation Act, may be
used by the Secretary to cover all or part of the cost of rendering
services under this chapter.