46 CFR 502.603 - Assessment of civil penalties: Procedure; criteria for determining amount; limitations; relation to compromise.

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There is 1 rule appearing in the Federal Register for 46 CFR 502. View below or at eCFR (GPOAccess)
§ 502.603 Assessment of civil penalties: Procedure; criteria for determining amount; limitations; relation to compromise.
(a) Procedure for assessment of penalty. The Commission may assess a civil penalty only after notice and opportunity for hearing. Civil penalty assessment proceedings, including settlement negotiations, shall be governed by the Commission's Rules of Practice and Procedure in this part. All settlements must be approved by the Presiding Officer. The full text of any settlement must be included in the final order of the Commission.
(b) Criteria for determining amount of penalty. In determining the amount of any penalties assessed, the Commission shall take into account the nature, circumstances, extent and gravity of the violation committed and the policies for deterrence and future compliance with the Commission's rules and regulations and the applicable statutes. The Commission shall also consider the respondent's degree of culpability, history of prior offenses, ability to pay and such other matters as justice requires.
(c) Limitations; relation to compromise. When the Commission, in its discretion, determines that policy, justice or other circumstances warrant, a civil penalty assessment proceeding may be instituted at any time for any violation which occurred within five years prior to the issuance of the order of investigation. Such proceeding may also be instituted at any time after the initiation of informal compromise procedures, except where a compromise agreement for the same violations under the compromise procedures has become effective under § 502.604(e). [Rule 603.]
[49 FR 44418, Nov. 6, 1984. Redesignated at 58 FR 27211, May 7, 1993, as amended at 64 FR 7812, Feb. 17, 1999]

Title 46 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 46.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-11; vol. 79 # 154 - Monday, August 11, 2014
    1. 79 FR 46714 - Informal Procedure for Adjudication of Small Claims
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Direct final rule; request for comments.
      This rule is effective November 7, 2014 without further action, unless significant adverse comment is received by September 8, 2014. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register .
      46 CFR Part 502

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 46 - SHIPPING
Presidential Documents

Executive Order ... 11222

Title 46 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR 502 after this date.

  • 2014-08-11; vol. 79 # 154 - Monday, August 11, 2014
    1. 79 FR 46714 - Informal Procedure for Adjudication of Small Claims
      GPO FDSys XML | Text
      FEDERAL MARITIME COMMISSION
      Direct final rule; request for comments.
      This rule is effective November 7, 2014 without further action, unless significant adverse comment is received by September 8, 2014. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register .
      46 CFR Part 502