§ 2608. Civil penalty procedures
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/usc/title-33/section-2608A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General procedures After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter 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.
(b)Compromising penalties The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General.
(c)Referral to 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.
(d)Refund of penalty The Secretary may refund or remit a civil penalty collected under this chapter if—
(1)application has been made for refund or remission of the penalty within one year from the date of payment; and
(2)the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Pub. L. 100–688, title IV, § 4108, Nov. 18, 1988, 102 Stat. 4158.)
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- Pub. L. 100–688, title IV, § 4108
- 102 Stat. 4158
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§ 2608
Civil penalty procedures
Fed. Reg.×1
Stat.×1
Pub. L.Pub. L. 100–688, title IV, § 4108
Stat.102 Stat. 4158
Cites 2Cited by 2 across 2 sources