49 U.S.C. § 336 — Civil penalty procedures
submitted 37 years ago by Pub. L. 101-225 to r/title-49-TRANSPORTATION · 242 words · no verdicts yet
The Secretary of Transportation can fine anyone who violates certain maritime or Coast Guard laws or rules. The Secretary sets the fine and weighs how bad the violation was. The Secretary can lower, cancel, or later refund the fine if it was unfair.
(a) If the Secretary of Transportation finds that you broke a law enforced through the Maritime Administrator or the Coast Guard Commandant, or broke a related rule, you must pay a civil penalty. Before that happens, you get notice and a chance for a hearing. The Secretary decides the penalty amount in a written notice. To set the amount, the Secretary looks at how serious the violation was, how much you were at fault, whether you've broken rules before, whether you can afford to pay, and anything else fairness requires.
(b) The Secretary can lower, cancel, or settle the penalty for less than the full amount, with or without you giving something in return. This can happen at any time before the case is sent to the Attorney General.
(c) If you don't pay a penalty once it becomes final, the Secretary can send your case to the Attorney General, who can sue you in a U.S. district court to collect it.
(d) You can get some or all of a penalty refunded if two things are true: (1) you ask for a refund within one year of paying, and (2) the Secretary agrees the penalty was unlawful, improper, or too high.
After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary 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 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 section 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: (Added Pub. L. 101–225, title III, § 305(1), Dec. 12, 1989, 103 Stat. 1924.)
- 1989Enacted · Pub. L. 101-225 · 103 Stat. 1924
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-225 on 1989-12-12.
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