29 U.S.C. § 1853 — Administrative sanctions
submitted 43 years ago by Pub. L. 97-470 to r/title-29-LABOR · 531 words · no verdicts yet
The Secretary may assess civil penalties of up to $1,000 for each violation, considering the person’s compliance record and the violation’s seriousness. The section provides agency-hearing, court-review, collection, and Treasury-payment rules.
(a) Civil penalties and assessment criteria. (1) Subject to paragraph (2), a person* who violates this chapter or a regulation under it may be assessed a civil penalty of up to $1,000 for each violation. (2) In setting the penalty, the Secretary* must consider the person’s previous compliance record under this chapter, comparable requirements of the Farm Labor Contractor* Registration Act of 1963, and regulations under this chapter and that Act. The Secretary must also consider how serious the violation was.
(b) Administrative review. (1) The assessed person must be given an agency hearing if the person asks within 30 days after the assessment notice is issued. The hearing must decide all issues on the record under 5 U.S.C. § 554. If no timely hearing is requested, the assessment becomes final and cannot be appealed. (2) If a hearing is requested, an administrative law judge makes the initial decision. It becomes the final order unless the Secretary changes or cancels it. The parties must receive notice of an intent to change or cancel it within 30 days after the judge’s decision. A final order taking effect under this paragraph may be reviewed only under subsection (c).
(c) Judicial review. A person against whom a civil-penalty order is entered after an agency hearing may seek review in the federal district court for a district where the person is located or in the District of Columbia. The person must file a notice of appeal within 30 days after the order and at the same time send a copy by registered mail to the Secretary. The Secretary must promptly certify and file the penalty record in that court. The Secretary’s findings may be overturned only if substantial evidence does not support them, as described in 5 U.S.C. § 706(2)(E). A final decision, order, or judgment of the district court may be appealed under chapter 83 of title 28.
(d) Failure to pay. If a person does not pay after the assessment becomes final and unappealable, or after a court enters final judgment for the agency, the Secretary must refer the matter to the Attorney General. The Attorney General must recover the amount in the appropriate federal district court. In that action, the validity and appropriateness of the final penalty order cannot be reviewed.
(e) Treasury payment. All penalties collected under this section must be paid into the Treasury of the United States.
Subject to paragraph (2), any person* who commits a violation of this chapter or any regulation under this chapter, may be assessed a civil money penalty of not more than $1,000 for each violation.
In determining the amount of any penalty to be assessed under paragraph (1), the Secretary* shall take into account (A) the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Farm Labor Contractor* Registration Act of 1963 [7 U.S.C. 2041 et seq.], and with regulations promulgated under this chapter and such Act, and (B) the gravity of the violation.
The person assessed shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5. If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order.
If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).
Any person against whom an order imposing a civil money penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28.
If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
All penalties collected under authority of this section shall be paid into the Treasury of the United States.
Source credit: (Pub. L. 97–470, title V, § 503, Jan. 14, 1983, 96 Stat. 2596.)
- 1983Enacted · Pub. L. 97-470 · 96 Stat. 2596
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-470 on 1983-01-14.
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