§ 4307. — Civil 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: 16USC4307]
TITLE 16--CONSERVATION
CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION
Sec. 4307. Civil penalties
(a) Assessment
(1) The Secretary may issue an order assessing a civil penalty
against any person who violates any prohibition contained in this
chapter, any regulation promulgated pursuant to this chapter, or any
permit issued under this chapter. Before issuing such an order, the
Secretary shall provide such person written notice and the opportunity
to request a hearing on the record within 30 days. Each violation shall
be a separate offense, even if such violations occurred at the same
time.
(2) The amount of such civil penalty shall be determined by the
Secretary taking into account appropriate factors, including (A) the
seriousness of the violation; (B) the economic benefit (if any)
resulting from the violation; (C) any history of such violations; and
(D) such other matters as the Secretary deems appropriate. The maximum
fine permissible under this section is $10,000.
(b) Judicial review
Any person aggrieved by an assessment of a civil penalty under this
section may file a petition for judicial review of such assessment with
the United States District Court for the District of Columbia or for the
district in which the violation occurred. Such a petition shall be filed
within the 30-day period beginning on the date the order assessing the
civil penalty was issued.
(c) Collection
If any person fails to pay an assessment of a civil penalty--
(1) within 30 days after the order was issued under subsection
(a) of this section, or
(2) if the order is appealed within such 30-day period, within
10 days after court has entered a final judgment in favor of the
Secretary under subsection (b) of this section,
the Secretary shall notify the Attorney General and the Attorney General
shall bring a civil action in an appropriate United States district
court to recover the amount of penalty assessed (plus costs, attorney's
fees, and interest at currently prevailing rates from the date the order
was issued or the date of such final judgment, as the case may be). In
such an action, the validity, amount, and appropriateness of such
penalty shall not be subject to review.
(d) Subpoenas
The Secretary may issue subpoenas in connection with proceedings
under this subsection compelling the attendance and testimony of
witnesses and subpoenas duces tecum, and may request the Attorney
General to bring an action to enforce any subpoena under this section.
The district courts shall have jurisdiction to enforce such subpoenas
and impose sanctions.
(Pub. L. 100-691, Sec. 8, Nov. 18, 1988, 102 Stat. 4550.)
Section Referred to in Other Sections
This section is referred to in section 4305 of this title.
