42 U.S.C. § 8431 — Notice of violation; other general provisions

(a) Notice of violation. (1) If the Secretary finds, based on any information, that someone is violating this chapter or a rule or order under it, the Secretary must issue a written notice. The notice must clearly describe what the violation is. (2) Getting this notice doesn't erase liability for anything the person did before the notice was issued. They're still on the hook under the rest of the chapter's provisions for those earlier acts. (b) Individual liability of corporate personnel. A director, officer, or agent of a corporation who willfully authorizes, orders, or carries out an act that violates this chapter (or a rule or order under it), even just part of the violation, can be penalized under this section. This applies whether or not the corporation itself is also penalized. But that individual can't be sent to prison under section 8432 unless they also knew the corporation wasn't complying, or the Secretary had already notified them that the corporation wasn't complying. (c) Repealed. This subsection was removed by Public Law 100-42, section 1(c)(18), on May 21, 1987. (d) Federal agencies. Sections 8432 and 8433 of this title, the criminal and civil penalty sections, do not apply to a federal agency, or to its officers or employees acting in their official capacity.