§ 1717a. — Civil money penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1717a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 42--INTERSTATE LAND SALES
Sec. 1717a. Civil money penalties
(a) In general
(1) Authority
Whenever any person knowingly and materially violates any of the
provisions of this chapter or any rule, regulation, or order issued
under this chapter, the Secretary may impose a civil money penalty
on such person in accordance with the provisions of this section.
The penalty shall be in addition to any other available civil remedy
or any available criminal penalty, and may be imposed whether or not
the Secretary imposes other administrative sanctions.
(2) Amount of penalty
The amount of the penalty, as determined by the Secretary, may
not exceed $1,000 for each violation, except that the maximum
penalty for all violations by a particular person during any 1-year
period shall not exceed $1,000,000. Each violation of this chapter,
or any rule, regulation, or order issued under this chapter, shall
constitute a separate violation with respect to each sale or lease
or offer to sell or lease. In the case of a continuing violation, as
determined by the Secretary, each day shall constitute a separate
violation.
(b) Agency procedures
(1) Establishment
The Secretary shall establish standards and procedures governing
the imposition of civil money penalties under subsection (a) of this
section. The standards and procedures--
(A) shall provide for the imposition of a penalty only after
a person has been given an opportunity for a hearing on the
record; and
(B) may provide for review by the Secretary of any
determination or order, or interlocutory ruling, arising from a
hearing.
(2) Final orders
If no hearing is requested within 15 days of receipt of the
notice of opportunity for hearing, the imposition of the penalty
shall constitute a final and unappealable determination. If the
Secretary reviews the determination or order, the Secretary may
affirm, modify, or reverse that determination or order. If the
Secretary does not review the determination or order within 90 days
of the issuance of the determination or order, the determination or
order shall be final.
(3) Factors in determining amount of penalty
In determining the amount of a penalty under subsection (a) of
this section, consideration shall be given to such factors as the
gravity of the offense, any history of prior offenses (including
offenses occurring before December 15, 1989), ability to pay the
penalty, injury to the public, benefits received, deterrence of
future violations, and such other factors as the Secretary may
determine in regulations to be appropriate.
(4) Reviewability of imposition of penalty
The Secretary's determination or order imposing a penalty under
subsection (a) of this section shall not be subject to review,
except as provided in subsection (c) of this section.
(c) Judicial review of agency determination
(1) In general
After exhausting all administrative remedies established by the
Secretary under subsection (b)(1) of this section, a person
aggrieved by a final order of the Secretary assessing a penalty
under this section may seek judicial review pursuant to section 1710
of this title.
(2) Order to pay penalty
Notwithstanding any other provision of law, in any such review,
the court shall have the power to order payment of the penalty
imposed by the Secretary.
(d) Action to collect penalty
If any person fails to comply with the determination or order of the
Secretary imposing a civil money penalty under subsection (a) of this
section, after the determination or order is no longer subject to review
as provided by subsections (b) and (c) of this section, the Secretary
may request the Attorney General of the United States to bring an action
in any appropriate United States district court to obtain a monetary
judgment against the person and such other relief as may be available.
The monetary judgment may, in the discretion of the court, include any
attorneys fees and other expenses incurred by the United States in
connection with the action. In an action under this subsection, the
validity and appropriateness of the Secretary's determination or order
imposing the penalty shall not be subject to review.
(e) Settlement by Secretary
The Secretary may compromise, modify, or remit any civil money
penalty which may be, or has been, imposed under this section.
(f) ``Knowingly'' defined
The term ``knowingly'' means having actual knowledge of or acting
with deliberate ignorance of or reckless disregard for the prohibitions
under this section.
(g) Regulations
The Secretary shall issue such regulations as the Secretary deems
appropriate to implement this section.
(h) Use of penalties for administration
Civil money penalties collected under this section shall be paid to
the Secretary and, upon approval in an appropriation Act, may be used by
the Secretary to cover all or part of the cost of rendering services
under this chapter.
(Pub. L. 90-448, title XIV, Sec. 1418a, as added Pub. L. 101-235, title
I, Sec. 111(a), Dec. 15, 1989, 103 Stat. 2014.)
Effective Date
Section 111(b) of Pub. L. 101-235 provided that: ``The amendment
made by subsection (a) [enacting this section] shall apply only with
respect to--
``(1) violations referred to in the amendment that occur on or
after the effective date of this section [Dec. 15, 1989]; and
``(2) in the case of a continuing violation (as determined by
the Secretary of Housing and Urban Development), any portion of
violation referred to in the amendment that occurs on or after such
date.''
