42 U.S.C. § 6303 — Enforcement

(a) In general. Except under subsection (c), a person who knowingly violates section 6302 is subject to a civil penalty of up to $100 for each violation. The Commission assesses the penalties, except that the Secretary assesses penalties for section 6302(a)(3) violations involving Secretary requirements, section 6302(a)(4) violations involving Secretary requests under section 6296(b)(2), and violations of paragraphs (5) through (8) of section 6302(a). The authorized agency or officer may compromise a penalty after considering the violation’s nature and degree and its effect on the respondent. Each violation of section 6302(a)(1), (2), (5), (6), (7), or (8) is separate for each covered product. Each day of a violation of section 6302(a)(3) or (4) is a separate violation. (b) “Knowingly” defined. Here, “knowingly” means either actual knowledge or knowledge presumed for a reasonable person acting in the circumstances, including knowledge obtainable through due care. (c) Special rule. Violating section 6293(c) is an unfair or deceptive act or practice in or affecting commerce under section 45(a)(1) of title 15, except when section 6302(a)(1) already prohibits the violation; in that case, section 6302(a)(1) applies. (d) Procedure for assessing a penalty. (1) Before issuing an assessment order, the Secretary must notify the person of the proposed penalty and of the right to elect in writing, within 30 days after receiving the notice, to use paragraph (3) instead of paragraph (2). (2)(A) Unless that election is made, the Secretary must assess the penalty by order after the violation is determined on the record following an agency hearing under title 5, section 554, before an administrative law judge appointed under section 3105. The order must state the judge’s findings and the basis for the assessment. (B) Within 60 days after the order, the person may seek review in the appropriate United States court of appeals under title 5, chapter 7. The court may affirm, modify, set aside in whole or in part, or remand the order. (3)(A) If elected, the Secretary must promptly assess the penalty by order after the person receives the proposed-penalty notice. (B) If it is unpaid 60 days after the order, the Secretary must sue in the appropriate United States district court to affirm the assessment. The court reviews the law and facts anew and may enforce, modify and enforce as modified, or set aside the assessment in whole or in part. (C) The election cannot be revoked without the Secretary’s consent. (4) If a penalty is unpaid after becoming final and unappealable under paragraph (2), or after final judgment for the Secretary under paragraph (3), the Secretary must sue in an appropriate district court to recover it. The final order or judgment may not be reviewed in that action. (5)(A) Despite title 28 and section 7192(c), the Energy Department’s general counsel, or Department attorneys designated by the Secretary, must supervise, conduct, and argue litigation under paragraph (3), including related collection actions under paragraph (4), in any court except the Supreme Court. The Secretary or general counsel must consult the Attorney General, who must provide requested appropriate assistance. (B) Subject to section 7192(c), the Attorney General or Solicitor General represents the Secretary in actions under this subsection except as paragraph (A) provides. (C) Section 7172(d) does not apply to the Secretary’s functions under this subsection. (6) For a Commission assessment involving paragraphs (1) and (2) of section 6302, “Secretary” and “Department of Energy” in these provisions mean “Commission.”