42 U.S.C. § 7193 — Remedial orders

(a) Violations of rules, regulations, or orders promulgated under Emergency Petroleum Allocation Act of 1973 If upon investigation the Secretary^* or his authorized representative believes that a person has violated any regulation, rule, or order described in section 7191(a) of this title promulgated under the Emergency Petroleum Allocation Act of 1973 1 [ 15 U.S.C. 751 et seq.], he may issue a remedial order to the person. Each remedial order must be in writing and must describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to have been violated. For purposes of this section “person” includes any individual, association, company, corporation, partnership, or other entity however organized.

(b) Notice of intent to contest; final order not subject to review If within thirty days after the receipt of the remedial order issued by the Secretary, the person fails to notify the Secretary that he intends to contest the remedial order, the remedial order must become effective and must be deemed a final order of the Secretary and not subject to review by any court or agency.
(c) Notice of contestation to Commission; stay; hearing; cross examination; final order; enforcement and review If within thirty days after the receipt of the remedial order issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection

(a) of this section, the Secretary must immediately advise the Commission of such notification. Upon such notice, the Commission must stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Commission must, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. To the extent that the Commission in its discretion determines that such is required for a full and true disclosure of the facts, the Commission must afford the right of cross examination. The Commission must thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary’s remedial order, or directing other appropriate relief, and such order must, to judicial review, constitute a final agency action, but enforcement and other judicial review of such action must be the responsibility of the Secretary.
(d) Time limits The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to it under this section.

(e) Effect on procedural action taken by Secretary before issuance of initial remedial order Nothing in preceding provisions of this section must be construed to affect any procedural action taken by the Secretary before or incident to initial issuance of a remedial order which is the subject of the hearing provided in preceding provisions of this section, but such procedures must be reviewable in the hearing.

(f) Savings provision The provisions of preceding provisions of this section must be applicable only about proceedings initiated by a notice of probable violation issued after October 1, 1977 .

(g) Retroactive application; marketing of petroleum products about any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against such person for any violation of any rule or regulation if—
(1) such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and
(2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations.