View all text of Subchapter IV [§ 8141 - § 8143]
§ 8142. Penalties
(a) Civil
(1) Penalty amounts
(2) Notice and hearing
(A) In general
(B) Conduct of hearing
(C) Issuance of orders
(D) Factors for determination of penalty amounts
(E) Content of notice
For the purposes of this paragraph, notice shall be in writing and shall be verifiably served upon the person or persons subject to an order described in paragraph (1). In addition, the notice shall—
(i) set forth the time, date, and specific nature of the alleged violation or violations; and
(ii) specify the administrative and judicial remedies available to the person or persons subject to the order, including the availability of a hearing and subsequent appeal.
(3) Administrative appellate review
(4) Judicial review
(5) Enforcement of final orders
(A) In general
If a person fails to comply with a final order issued against such person under this subsection and—
(i) the person has not filed a petition for judicial review of the order in accordance with paragraph (4), or
(ii) a court in an action brought under paragraph (4) has entered a final judgment in favor of the designated executive agency,
the head of the designated executive agency shall commence a civil action to seek compliance with the final order in any appropriate district court of the United States.
(B) No review
(C) Interest
(b) Criminal
(Pub. L. 109–401, title II, § 242, Dec. 18, 2006, 120 Stat. 2747.)