Any person that causes harm to, or interferes with, an animal used for the purposes of official inspections by the Department of Agriculture or the Department of Homeland Security, may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary of Agriculture or the Secretary of Homeland Security not to exceed $10,000.
(b) Factors in determining civil penalty
In determining the amount of a civil penalty, the Secretary concerned shall take into account the nature, circumstance, extent, and gravity of the offense.
(c) Settlement of civil penalties
The Secretary concerned may compromise, modify, or remit, with or without conditions, any civil penalty that may be assessed under this section.
(d) Finality of orders
(1) In general
The order of the Secretary concerned assessing a civil penalty shall be treated as a final order reviewable under chapter
158 of title
28. The validity of the order of the Secretary concerned may not be reviewed in an action to collect the civil penalty.
Any civil penalty not paid in full when due under an order assessing the civil penalty shall thereafter accrue interest until paid at the rate of interest applicable to civil judgments of the courts of the United States.
(e) Secretary concerned defined
In this section and section
2279f of this title, the term “Secretary concerned” means—
(1)the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and
(2)the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.
2002—Subsec. (a). Pub. L. 107–296, § 421(h)(1), inserted “or the Department of Homeland Security” after “Department of Agriculture” and “or the Secretary of Homeland Security” after “Secretary of Agriculture”.
Subsecs. (b) to (d)(1). Pub. L. 107–296, § 421(h)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.
Amendment by Pub. L. 107–296effective 60 days after Nov. 25, 2002, see section 4 ofPub. L. 107–296, set out as an Effective Date note under section
101 of Title
6, Domestic Security.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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