49 U.S.C. § 20112 — Enforcement by the Attorney General
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 218 words · no verdicts yet
The Attorney General can sue railroads to enforce safety rules, at the Secretary's request. This covers injunctions, civil penalties, and enforcing subpoenas or document requests. Suits are generally filed where the violation happened or the defendant is based.
(a) Civil Actions. At the Secretary of Transportation's request, the Attorney General can bring a civil action in a federal district court to: (1) stop a violation of, or enforce, this part (except section 20109) or a railroad safety regulation or order the Secretary prescribed or issued; (2) collect a civil penalty imposed, or an amount agreed to in a settlement, under section 21301, 21302, or 21303; or (3) enforce a subpoena, a request for admissions, a request to produce documents or other tangible things, or a request for deposition testimony that the Secretary issued under this part.
(b) Venue.
(1) Except as paragraph (2) provides, a civil action under this section can be brought in the judicial district where the violation happened, or where the defendant has its main office. If the action is to collect a penalty from an individual, it can also be brought where that individual lives.
(2) A civil action to enforce a subpoena the Secretary issued, or a compliance order issued under section 20111(b), can be brought in the judicial district where the defendant lives, does business, or is found.
At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district court of the United States—
to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or a railroad safety regulation prescribed or order issued by the Secretary;
to collect a civil penalty imposed or an amount agreed on in compromise under section 21301, 21302, or 21303 of this title; or
to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.
Except as provided in paragraph (2) of this subsection, a civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. If an action to collect a penalty is against an individual, the action also may be brought in the judicial district in which the individual resides.
A civil action to enforce a subpena issued by the Secretary or a compliance order issued under section 20111(b) of this title may be brought in the judicial district in which the defendant resides, does business, or is found.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869; Pub. L. 110–432, div. A, title III, § 309, Oct. 16, 2008, 122 Stat. 4882.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 869
- 2008Amended · Pub. L. 110-432 · 122 Stat. 4882
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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