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U.S. Code as of:
01/19/04
Section 2407. Civil penalties
(a) Assessment of penalties
Any person who is found by the Director, after notice and
opportunity for a hearing in accordance with subsection (b) of this
section, to have committed any act prohibited by section 2403(a) of
this title or to have violated any regulation prescribed under
section 2406 of this title shall be liable to the United States for
a civil penalty. The amount of the civil penalty shall not exceed
$5,000 for each violation unless the prohibited act was knowingly
committed, in which case the amount of the civil penalty shall not
exceed $10,000 for each violation. Each day of a continuing
violation shall constitute a separate offense. The amount of any
civil penalty shall be assessed by the Director by written notice.
Any civil penalty assessed under this subsection may be remitted or
mitigated by the Director.
(b) Hearings
Hearings for the assessment of civil penalties under subsection
(a) shall be conducted in accordance with section 554 of title 5.
For the purposes of conducting any such hearing, the Director may
issue subpenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents, and may
administer oaths. Witnesses summoned shall be paid the same fees
and mileage that are paid to witnesses in the courts of the United
States. In case of contumacy or refusal to obey a subpena served
upon any person pursuant to this subsection, the district court of
the United States for any district in which such person is found,
resides, or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the Director or to appear and produce documents before the
Director, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(c) Review
Upon the failure of any person against whom a civil penalty is
assessed under subsection (a) of this section to pay such penalty,
the Director may request the Attorney General to institute a civil
action in a district court of the United States for any district in
which such person is found, resides, or transacts business to
collect the penalty and such court shall have jurisdiction to hear
and decide any such action. The court shall hear such action on the
record made before the Director and shall sustain the decision of
the Director if it is supported by substantial evidence on the
record considered as a whole.
(d) Penalties under other laws
The assessment of a civil penalty under subsection (a) of this
section for any act shall not be deemed to preclude the assessment
of a civil penalty for such act under any other law, including, but
not limited to, the Marine Mammal Protection Act of 1972 [16 U.S.C.
1361 et seq.], the Endangered Species Act of 1973 [16 U.S.C. 1531
et seq.], and the Migratory Bird Treaty Act [16 U.S.C. 703 et
seq.].
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