33 U.S.C. § 2608 — Civil penalty procedures
submitted 38 years ago by Pub. L. 100-688 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 235 words · no verdicts yet
This section sets procedures for civil penalties under this chapter, including notice, hearings, penalty factors, compromise, collection, and refunds.
(a) General procedures. After notice and an opportunity for a hearing, a person the Secretary finds violated this chapter or a covered regulation is liable for the provided civil penalty. The Secretary must assess it by written notice and consider the act's nature, circumstances, extent, and seriousness; the violator's culpability, prior offenses, ability to pay; and other matters justice requires. (b) Until referral to the Attorney General, the Secretary may compromise, change, or waive a penalty, with or without consideration. (c) If a final assessment is unpaid, the Secretary may refer it to the Attorney General for collection in an appropriate federal district court. (d) The Secretary may refund or waive a collected penalty if an application is made within 1 year after payment and the Secretary finds it unlawful, improper, or excessive.
After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General.
If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
The Secretary may refund or remit a civil penalty collected under this chapter if—
application has been made for refund or remission of the penalty within one year from the date of payment; and
the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
Source credit: (Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)
- 1988Enacted · Pub. L. 100-688 · 102 Stat. 4158
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-688 on 1988-11-18.
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