22 U.S. Code § 8142 - Penalties
(1) Penalty amounts
Any person that is determined, in accordance with paragraph (2), to have violated section 8124 of this title or section 8141 of this title shall be required by order to pay a civil penalty in an amount not to exceed $25,000 for each violation. For the purposes of this paragraph, each day during which a violation of section 8124 of this title continues shall constitute a separate violation of that section.
(2) Notice and hearing
(A) In general
Before imposing a penalty against a person under paragraph (1), the head of an executive agency designated under section 8111 (a) of this title shall provide the person with notice of the order. If, within 15 days after receiving the notice, the person requests a hearing, the head of the designated executive agency shall initiate a hearing on the violation.
(B) Conduct of hearing
(C) Issuance of orders
If the administrative judge determines, upon the preponderance of the evidence received, that a person named in the complaint has violated section 8124 of this title or section 8141 of this title, the administrative judge shall state the findings of fact and conclusions of law, and issue and serve on such person an order described in paragraph (1).
(D) Factors for determination of penalty amounts
In determining the amount of any civil penalty, the administrative judge or the head of the designated agency shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of such violations, the degree of culpability, the existence of an internal compliance program, and such other matters as justice may require.
(E) Content of notice
For the purposes of this paragraph, notice shall be in writing and shall be verifiably served upon the person or persons subject to an order described in paragraph (1). In addition, the notice shall—
(3) Administrative appellate review
The decision and order of an administrative judge shall be the recommended decision and order and shall be referred to the head of the designated executive agency for final decision and order. If, within 60 days, the head of the designated executive agency does not modify or vacate the decision and order, it shall become a final agency action under this subsection.
(4) Judicial review
A person adversely affected by a final order may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or in the Court of Appeals for the district in which the violation occurred.
(5) Enforcement of final orders
(A) In general
If a person fails to comply with a final order issued against such person under this subsection and—
(i) the person has not filed a petition for judicial review of the order in accordance with paragraph (4), or
(ii) a court in an action brought under paragraph (4) has entered a final judgment in favor of the designated executive agency,
the head of the designated executive agency shall commence a civil action to seek compliance with the final order in any appropriate district court of the United States.
(B) No review
In any such civil action, the validity and appropriateness of the final order shall not be subject to review.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.