16 U.S.C. § 823b : US Code - Section 823B: Enforcement

Search 16 U.S.C. § 823b : US Code - Section 823B: Enforcement

(a) Monitoring and investigation
The Commission shall monitor and investigate compliance with each
license and permit issued under this subchapter and with each
exemption granted from any requirement of this subchapter. The
Commission shall conduct such investigations as may be necessary
and proper in accordance with this chapter. After notice and
opportunity for public hearing, the Commission may issue such
orders as necessary to require compliance with the terms and
conditions of licenses and permits issued under this subchapter and
with the terms and conditions of exemptions granted from any
requirement of this subchapter.
(b) Revocation orders
After notice and opportunity for an evidentiary hearing, the
Commission may also issue an order revoking any license issued
under this subchapter or any exemption granted from any requirement
of this subchapter where any licensee or exemptee is found by the
Commission:
(1) to have knowingly violated a final order issued under
subsection (a) of this section after completion of judicial
review (or the opportunity for judicial review); and
(2) to have been given reasonable time to comply fully with
such order prior to commencing any revocation proceeding.
In any such proceeding, the order issued under subsection (a) of
this section shall be subject to de novo review by the Commission.
No order shall be issued under this subsection until after the
Commission has taken into consideration the nature and seriousness
of the violation and the efforts of the licensee to remedy the
violation.
(c) Civil penalty
Any licensee, permittee, or exemptee who violates or fails or
refuses to comply with any rule or regulation under this
subchapter, any term, or condition of a license, permit, or
exemption under this subchapter, or any order issued under
subsection (a) of this section shall be subject to a civil penalty
in an amount not to exceed $10,000 for each day that such violation
or failure or refusal continues. Such penalty shall be assessed by
the Commission after notice and opportunity for public hearing. In
determining the amount of a proposed penalty, the Commission shall
take into consideration the nature and seriousness of the
violation, failure, or refusal and the efforts of the licensee to
remedy the violation, failure, or refusal in a timely manner. No
civil penalty shall be assessed where revocation is ordered.
(d) Assessment
(1) Before issuing an order assessing a civil penalty against any
person under this section, the Commission shall provide to such
person notice of the proposed penalty. Such notice shall, except in
the case of a violation of a final order issued under subsection
(a) of this section, inform such person of his opportunity to elect
in writing within 30 days after the date of receipt of such notice
to have the procedures of paragraph (3) (in lieu of those of
paragraph (2)) apply with respect to such assessment.
(2)(A) In the case of the violation of a final order issued under
subsection (a) of this section, or unless an election is made
within 30 calendar days after receipt of notice under paragraph (1)
to have paragraph (3) apply with respect to such penalty, the
Commission shall assess the penalty, by order, after a
determination of violation has been made on the record after an
opportunity for an agency hearing pursuant to section 554 of title
5 before an administrative law judge appointed under section 3105
of such title 5. Such assessment order shall include the
administrative law judge's findings and the basis for such
assessment.
(B) Any person against whom a penalty is assessed under this
paragraph may, within 60 calendar days after the date of the order
of the Commission assessing such penalty, institute an action in
the United States court of appeals for the appropriate judicial
circuit for judicial review of such order in accordance with
chapter 7 of title 5. The court shall have jurisdiction to enter a
judgment affirming, modifying, or setting aside in whole or in
Part,(!1) the order of the Commission, or the court may remand the
proceeding to the Commission for such further action as the court
may direct.
(3)(A) In the case of any civil penalty with respect to which the
procedures of this paragraph have been elected, the Commission
shall promptly assess such penalty, by order, after the date of the
receipt of the notice under paragraph (1) of the proposed penalty.
(B) If the civil penalty has not been paid within 60 calendar
days after the assessment order has been made under subparagraph
(A), the Commission shall institute an action in the appropriate
district court of the United States for an order affirming the
assessment of the civil penalty. The court shall have authority to
review de novo the law and the facts involved, and shall have
jurisdiction to enter a judgment enforcing, modifying, and
enforcing as so modified, or setting aside in whole or in Part,(!1)
such assessment.
(C) Any election to have this paragraph apply may not be revoked
except with the consent of the Commission.
(4) The Commission may compromise, modify, or remit, with or
without conditions, any civil penalty which may be imposed under
this subsection, taking into consideration the nature and
seriousness of the violation and the efforts of the licensee to
remedy the violation in a timely manner at any time prior to a
final decision by the court of appeals under paragraph (2) or by
the district court under paragraph (3).
(5) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order under paragraph
(2), or after the appropriate district court has entered final
judgment in favor of the Commission under paragraph (3), the
Commission shall institute an action to recover the amount of such
penalty in any appropriate district court of the United States. In
such action, the validity and appropriateness of such final
assessment order or judgment shall not be subject to review.
(6)(A) Notwithstanding the provisions of title 28 or of this
chapter, the Commission may be represented by the general counsel
of the Commission (or any attorney or attorneys within the
Commission designated by the Chairman) who shall supervise,
conduct, and argue any civil litigation to which paragraph (3) of
this subsection applies (including any related collection action
under paragraph (5)) in a court of the United States or in any
other court, except the Supreme Court. However, the Commission or
the general counsel shall consult with the Attorney General
concerning such litigation, and the Attorney General shall provide,
on request, such assistance in the conduct of such litigation as
may be appropriate.
(B) The Commission shall be represented by the Attorney General,
or the Solicitor General, as appropriate, in actions under this
subsection, except to the extent provided in subparagraph (A) of
this paragraph.