16 U.S.C. § 823b — Enforcement

(a) The Commission must monitor and investigate compliance with every license and permit under this subchapter and every exemption from its requirements. It must conduct investigations that are necessary and proper under this chapter. After notice and an opportunity for a public hearing, it may issue orders needed to require compliance with license, permit, and exemption terms and conditions. (b) After notice and an opportunity for an evidentiary hearing, the Commission may revoke a license or exemption if it finds that the holder knowingly violated a final order under subsection (a) after judicial review or the chance for it, and was given a reasonable time to comply before revocation proceedings began. The subsection (a) order receives a new, from-the-start review by the Commission. Before issuing the revocation, the Commission must consider the violation’s nature and seriousness and the holder’s efforts to fix it. (c) A licensee, permittee, or exemptee that violates or refuses to comply with a rule, regulation, license, permit, exemption term, or subsection (a) order may owe a civil penalty of up to $10,000 for each day the violation or refusal continues. The Commission assesses it after notice and a public hearing opportunity. It must consider the violation’s nature and seriousness and timely efforts to fix it. It may not assess a civil penalty when it orders revocation. (d)(1) Before assessing a penalty, the Commission must notify the person of the proposed penalty. Except for a violation of a final subsection (a) order, the notice must explain that the person may elect in writing within 30 days after receiving it to use paragraph (3) instead of paragraph (2). (2)(A) For a final-order violation, or when no timely election is made, the Commission assesses the penalty by order after an administrative-law-judge hearing under section 554 of title 5. The order must state the judge’s findings and the basis for the assessment. (B) The person may seek review in the appropriate United States court of appeals within 60 days. The court may affirm, modify, set aside, or remand the order under title 5, chapter 7. (3)(A) If the paragraph is elected, the Commission promptly assesses the penalty by order after the proposed-penalty notice. (B) If it is not paid within 60 days, the Commission must sue in the appropriate United States district court to affirm the assessment. That court reviews the law and facts anew and may enforce, modify and enforce as modified, or set aside the assessment. (C) The election cannot be revoked without the Commission’s consent. (4) Before the court’s final decision, the Commission may compromise, modify, or cancel, with or without conditions, a penalty, considering the violation and efforts to fix it. (5) If a final assessment or district-court judgment is not paid, the Commission must sue in an appropriate district court to recover it. That action may not review the validity or appropriateness of the final assessment or judgment. (6)(A) For litigation under paragraph (3), including related collection actions, the Commission’s general counsel or designated Commission attorneys may represent it, supervise the case, and argue in any court except the Supreme Court. The Commission or general counsel must consult the Attorney General, who must provide requested appropriate help. (B) The Attorney General or Solicitor General represents the Commission in other actions under this subsection, except as paragraph (6)(A) provides.