Sec. 5. Enforcement
143 words·~1 min read·
/bill/113/hr/4992/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), the Secretary may impose a civil penalty on a person that the Secretary determines, in accordance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act ), knowingly violates the regulations promulgated pursuant to section 4. In determining the amount of the penalty to be imposed on a person under paragraph (1), the Secretary shall consider the severity of the violation, the size of the relevant business owned or operated by the person, and the extent to which the penalty will affect the financial viability of such business.
The Secretary may not impose a penalty on a person for violating the regulations promulgated pursuant to section 4 unless such violation continues for more than 30 days after the date on which the individual receives notice of the violation.