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U.S. Code as of:
01/19/04
Section 797. Enforcement
(a) Violations
It shall be unlawful for any person to violate any provision of
section 792 of this title (relating to coal conversion and
allocation) or section 796 of this title (relating to energy
information) or to violate any rule, regulation, or order issued
pursuant to any such provision.
(b) Penalties; injunctions; declaratory judgments
(1) Whoever violates any provision of subsection (a) of this
section shall be subject to a civil penalty of not more than $2,500
for each violation.
(2) Whoever willfully violates any provision of subsection (a) of
this section shall be fined not more than $5,000 for each
violation.
(3) It shall be unlawful for any person to offer for sale or
distribute in commerce any coal in violation of an order or
regulation issued pursuant to section 792(d) of this title. Any
person who knowingly and willfully violates this paragraph after
having been subjected to a civil penalty for a prior violation of
the same provision of any order or regulation issued pursuant to
section 792(d) of this title shall be fined not more than $50,000,
or imprisoned not more than six months, or both.
(4) Whenever it appears to the Federal Energy Administrator or
any person authorized by the Federal Energy Administrator to
exercise authority under section 792 of this title or section 796
of this title that any individual or organization has engaged, is
engaged, or is about to engage in acts or practices constituting a
violation of subsection (a) of this section the Federal Energy
Administrator or such person may request the Attorney General to
bring a civil action to enjoin such acts or practices, and upon a
proper showing, a temporary restraining order or a preliminary or
permanent injunction shall be granted without bond. In such action,
the court may also issue mandatory injunctions commanding any
person to comply with any provision, the violation of which is
prohibited by subsection (a) of this section.
(5) Any person suffering legal wrong because of any act or
practice arising out of any violation of subsection (a) of this
section may bring a civil action for appropriate relief, including
an action for a declaratory judgment or writ of injunction. United
States district courts shall have jurisdiction of actions under
this paragraph without regard to the amount in controversy. Nothing
in this paragraph shall authorize any person to recover damages.
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