§ 3007. Penalty

344 words·~2 min read·/usc/title-25/section-3007

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Penalty Any museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Secretary of the Interior pursuant to procedures established by the Secretary through regulation. A penalty assessed under this subsection shall be determined on the record after opportunity for an agency hearing. Each violation under this subsection shall be a separate offense.

(b)Amount of penalty The amount of a penalty assessed under subsection

(a)shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—

(1)the archaeological, historical, or commercial value of the item involved;

(2)the damages suffered, both economic and noneconomic, by an aggrieved party,1 and

(3)the number of violations that have occurred.

(c)Actions to recover penalties If any museum fails to pay an assessment of a civil penalty pursuant to a final order of the Secretary that has been issued under subsection

(a)and not appealed or after a final judgment has been rendered on appeal of such order, the Attorney General may institute a civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty shall not be subject to review.

(d)Subpoenas In hearings held pursuant to subsection (a), subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

(Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)

Connections18 cite this · traces to 1

Cited by 18 sections · top 9

statute-compilations

Sec. 9
PENALTY

statutes-at-large

Public Law 101–601
To provide for the protection of Native American graves, and for other purposes

bill

Traces to 1 document

U.S. Code

Definitions
§ 3001

5 references not yet in our index

1
Pub. L. 101–601, § 9
104 Stat. 3057
Pub. L. 101–601
104 Stat. 3048

Citation graph

cites case law

§ 3007

Penalty

Fed. Reg.×14

Bills×2

Stat. Comp.×1

Stat.×1

U.S.C.§ 3001

Cite1

Pub. L.Pub. L. 101–601, § 9

Stat.104 Stat. 3057

Pub. L.Pub. L. 101–601

Stat.104 Stat. 3048

Cites 6Cited by 18 across 4 sources