33 U.S.C. § 2608 : US Code - Section 2608: Civil penalty procedures

Search 33 U.S.C. § 2608 : US Code - Section 2608: Civil penalty procedures

(a) General procedures
After notice and an opportunity for a hearing, a person found by
the Secretary of Transportation to have violated this chapter or a
regulation prescribed under this chapter for which a civil penalty
is provided, is liable to the United States Government for the
civil penalty provided. The amount of the civil penalty shall be
assessed by the Secretary by written notice. In determining the
amount of the penalty, the Secretary shall consider the nature,
circumstances, extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other matters that
justice requires.
(b) Compromising penalties
The Secretary may compromise, modify, or remit, with or without
consideration, a civil penalty under this chapter until the
assessment is referred to the Attorney General.
(c) Referral to Attorney General
If a person fails to pay an assessment of a civil penalty after
it has become final, the Secretary may refer the matter to the
Attorney General for collection in an appropriate district court of
the United States.
(d) Refund of penalty
The Secretary may refund or remit a civil penalty collected under
this chapter if -
(1) application has been made for refund or remission of the
penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully,
improperly, or excessively imposed.