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U.S. Code as of:
01/03/05
Section 2149. Violations by licensees
(a) Temporary license suspension; notice and hearing; revocation
If the Secretary has reason to believe that any person licensed
as a dealer, exhibitor, or operator of an auction sale subject to
section 2142 of this title, has violated or is violating any
provision of this chapter, or any of the rules or regulations or
standards promulgated by the Secretary hereunder, he may suspend
such person's license temporarily, but not to exceed 21 days, and
after notice and opportunity for hearing, may suspend for such
additional period as he may specify, or revoke such license, if
such violation is determined to have occurred.
(b) Civil penalties for violation of any section, etc.; separate
offenses; notice and hearing; appeal; considerations in assessing
penalty; compromise of penalty; civil action by Attorney General
for failure to pay penalty; district court jurisdiction; failure
to obey cease and desist order
Any dealer, exhibitor, research facility, intermediate handler,
carrier, or operator of an auction sale subject to section 2142 of
this title, that violates any provision of this chapter, or any
rule, regulation, or standard promulgated by the Secretary
thereunder, may be assessed a civil penalty by the Secretary of not
more than $2,500 for each such violation, and the Secretary may
also make an order that such person shall cease and desist from
continuing such violation. Each violation and each day during which
a violation continues shall be a separate offense. No penalty shall
be assessed or cease and desist order issued unless such person is
given notice and opportunity for a hearing with respect to the
alleged violation, and the order of the Secretary assessing a
penalty and making a cease and desist order shall be final and
conclusive unless the affected person files an appeal from the
Secretary's order with the appropriate United States Court of
Appeals. The Secretary shall give due consideration to the
appropriateness of the penalty with respect to the size of the
business of the person involved, the gravity of the violation, the
person's good faith, and the history of previous violations. Any
such civil penalty may be compromised by the Secretary. Upon any
failure to pay the penalty assessed by a final order under this
section, the Secretary shall request the Attorney General to
institute a civil action in a district court of the United States
or other United States court for any district in which such person
is found or resides or transacts business, to collect the penalty,
and such court shall have jurisdiction to hear and decide any such
action. Any person who knowingly fails to obey a cease and desist
order made by the Secretary under this section shall be subject to
a civil penalty of $1,500 for each offense, and each day during
which such failure continues shall be deemed a separate offense.
(c) Appeal of final order by aggrieved person; limitations;
exclusive jurisdiction of United States Courts of Appeals
Any dealer, exhibitor, research facility, intermediate handler,
carrier, or operator of an auction sale subject to section 2142 of
this title, aggrieved by a final order of the Secretary issued
pursuant to this section may, within 60 days after entry of such an
order, seek review of such order in the appropriate United States
Court of Appeals in accordance with the provisions of sections
2341, 2343 through 2350 of title 28, and such court shall have
exclusive jurisdiction to enjoin, set aside, suspend (in whole or
in part), or to determine the validity of the Secretary's order.
(d) Criminal penalties for violation; initial prosecution brought
before United States magistrate judges; conduct of prosecution by
attorneys of United States Department of Agriculture
Any dealer, exhibitor, or operator of an auction sale subject to
section 2142 of this title, who knowingly violates any provision of
this chapter shall, on conviction thereof, be subject to
imprisonment for not more than 1 year, or a fine of not more than
$2,500, or both. Prosecution of such violations shall, to the
maximum extent practicable, be brought initially before United
States magistrate judges as provided in section 636 of title 28,
and sections 3401 and 3402 of title 18, and, with the consent of
the Attorney General, may be conducted, at both trial and upon
appeal to district court, by attorneys of the United States
Department of Agriculture.
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