16 U.S.C. § 1174 — Penalties

submitted 43 years ago by Pub. L. 89-702 to r/title-16-CONSERVATION · 345 words · no verdicts yet

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This section provides criminal and civil penalties for violating this chapter, its permits, or its regulations. It also sets procedures for hearings, subpoenas, mitigation, and collecting civil penalties.

(a) Any person who knowingly violates any provision of this chapter or of any permit or regulation issued under it must, upon conviction, be fined no over $20,000 for such violation, or imprisoned for no over one year, or both. (b) Any person who violates any provision of this chapter or any regulation or permit issued under this chapter can be assessed a civil penalty by the Secretary of no over $10,000 for each such violation. No penalty must be assessed unless that person is given notice and opportunity for a hearing about such violation. Hearings held during proceedings for the assessment of civil penalties authorized by this subsection must be conducted under section 554 of title 5 . The Secretary can issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned must be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person under this paragraph, the district court of the United States for any district in which that person is found or resides or transacts business, upon application by the United States and after notice to that person, must have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court can be punished by such court as a contempt of it. Any civil penalty assessed can be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary can request the Attorney General to institute civil action in a district court of the United States for any district in which that person is found, resides, or transacts business to collect the penalty, and such court must have jurisdiction to hear and decide any such action.

the actual law source: uscode.house.gov ↗public domain

(a)

Any person who knowingly violates any provision of this chapter or of any permit or regulation issued thereunder shall, upon conviction, be fined not more than $20,000 for such violation, or imprisoned for not more than one year, or both.

(b)

Any person who violates any provision of this chapter or any regulation or permit issued hereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. Hearings held during proceedings for the assessment of civil penalties authorized by this subsection shall be conducted in accordance with section 554 of title 5. The Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any civil penalty assessed may be remitted or mitigated by the Secretary for good cause shown. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty, and such court shall have jurisdiction to hear and decide any such action.

Source credit: (Pub. L. 89–702, title III, § 304, as added Pub. L. 98–129, § 2, Oct. 14, 1983, 97 Stat. 845.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 89-702 · 97 Stat. 845

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-702 on 1983-10-14.

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