
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC1853]

 
                             TITLE 29--LABOR
 
     CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
                     Part A--Enforcement Provisions
 
Sec. 1853. Administrative sanctions


(a) Civil money penalties for violations; criteria for assessment

    (1) Subject to paragraph (2), any person who commits a violation of 
this chapter or any regulation under this chapter, may be assessed a 
civil money penalty of not more than $1,000 for each violation.
    (2) In determining the amount of any penalty to be assessed under 
paragraph (1), the Secretary shall take into account (A) the previous 
record of the person in terms of compliance with this chapter and with 
comparable requirements of the Farm Labor Contractor Registration Act of 
1963 [7 U.S.C. 2041 et seq.], and with regulations promulgated under 
this chapter and such Act, and (B) the gravity of the violation.

(b) Administrative review

    (1) The person assessed shall be afforded an opportunity for agency 
hearing, upon request made within thirty days after the date of issuance 
of the notice of assessment. In such hearing, all issues shall be 
determined on the record pursuant to section 554 of title 5. If no 
hearing is requested as herein provided, the assessment shall constitute 
a final and unappealable order.
    (2) If a hearing is requested, the initial agency decision shall be 
made by an administrative law judge, and such decision shall become the 
final order unless the Secretary modifies or vacates the decision. 
Notice of intent to modify or vacate the decision of the administrative 
law judge shall be issued to the parties within thirty days after the 
decision of the administrative law judge. A final order which takes 
effect under this paragraph shall be subject to review only as provided 
under subsection (c) of this section.

(c) Judicial review

    Any person against whom an order imposing a civil money penalty has 
been entered after an agency hearing under this section may obtain 
review by the United States district court for any district in which he 
is located or the United States District Court for the District of 
Columbia by filing a notice of appeal in such court within thirty days 
from the date of such order, and simultaneously sending a copy of such 
notice by registered mail to the Secretary. The Secretary shall promptly 
certify and file in such court the record upon which the penalty was 
imposed. The findings of the Secretary shall be set aside only if found 
to be unsupported by substantial evidence as provided by section 
706(2)(E) of title 5. Any final decision, order, or judgment of such 
District Court concerning such review shall be subject to appeal as 
provided in chapter 83 of title 28.

(d) Failure to pay assessment; maintenance of action

    If any person fails to pay an assessment after it has become a final 
and unappealable order, or after the court has entered final judgment in 
favor of the agency, the Secretary shall refer the matter to the 
Attorney General, who shall recover the amount assessed by action in the 
appropriate United States district court. In such action the validity 
and appropriateness of the final order imposing the penalty shall not be 
subject to review.

(e) Payment of penalties into Treasury of United States

    All penalties collected under authority of this section shall be 
paid into the Treasury of the United States.

(Pub. L. 97-470, title V, Sec. 503, Jan. 14, 1983, 96 Stat. 2596.)

                       References in Text

    The Farm Labor Contractor Registration Act of 1963, referred to in 
subsec. (a)(2), is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920, as 
amended, which was classified generally to chapter 52 (Sec. 2041 et 
seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97-470, title 
V, Sec. 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2005 of this title.
