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16 U.S.C. § 825nForfeiture for violations; recovery; applicability

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 297 words · no verdicts yet

in plain englishAI-generated · not legal advice

A licensee or public utility that willfully fails to obey a Commission order, file a required report, provide requested investigation information, or appear under subpoena may owe up to $1,000. The amount is collected for the Treasury, and this section does not cover the listed provisions.

(a) A licensee or public utility that willfully misses the Commission's deadline to obey an order, file a required report, provide information or a document in an investigation, or appear through an officer or agent under subpoena must forfeit up to $1,000, as the Commission sets after notice and a hearing opportunity. This forfeiture is added to, and does not block, other penalties. (b) The forfeiture is paid into the Treasury and may be recovered in a civil suit in the defendant's district, or in any district where a licensee or utility does business. United States attorneys, directed by the Attorney General, must prosecute recovery; court-prosecution costs are paid from court appropriations. (c) This section does not apply to section 824j, 824k, 824l, or 824m, or rules or orders under those sections.
the actual law source: uscode.house.gov ↗public domain
(a) Forfeiture

Any licensee or public utility which willfully fails, within the time prescribed by the Commission, to comply with any order of the Commission, to file any report required under this chapter or any rule or regulation of the Commission thereunder, to submit any information or document required by the Commission in the course of an investigation conducted under this chapter, or to appear by an officer or agent at any hearing or investigation in response to a subpena issued under this chapter, shall forfeit to the United States an amount not exceeding $1,000 to be fixed by the Commission after notice and opportunity for hearing. The imposition or payment of any such forfeiture shall not bar or affect any penalty prescribed in this chapter but such forfeiture shall be in addition to any such penalty.

(b) Recovery

The forfeitures provided for in this chapter shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States, brought in the district where the person is an inhabitant or has his principal place of business, or if a licensee or public utility, in any district in which such licensee or public utility transacts business. It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this chapter. The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States.

(c) Applicability

This section shall not apply in the case of any provision of section 824j, 824k, 824l, or 824m of this title or any rule or order issued under any such provision.

Source credit: (June 10, 1920, ch. 285, pt. III, § 315, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 861; amended June 25, 1948, ch. 646, § 1, 62 Stat. 909; Pub. L. 102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat. 2920; Pub. L. 109–58, title XII, § 1295(d), Aug. 8, 2005, 119 Stat. 985.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 49 Stat. 861
  • 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2920
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 985

A history note hasn’t been published yet. The record shows enactment by ch. 285 on 1920-06-10.

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