
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6303]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6303. Enforcement


(a) In general

    Except as provided in subsection (c) of this section, any person who 
knowingly violates any provision of section 6302 of this title shall be 
subject to a civil penalty of not more than $100 for each violation. 
Such penalties shall be assessed by the Commission, except that 
penalties for violations of section 6302(a)(3) of this title which 
relate to requirements prescribed by the Secretary, violations of 
section 6302(a)(4) of this title which relate to requests of the 
Secretary under section 6296(b)(2) of this title, or violations of 
section 6302(a)(5) of this title shall be assessed by the Secretary. 
Civil penalties assessed under this part may be compromised by the 
agency or officer authorized to assess the penalty, taking into account 
the nature and degree of the violation and the impact of the penalty 
upon a particular respondent. Each violation of paragraph (1), (2), or 
(5) of section 6302(a) of this title shall constitute a separate 
violation with respect to each covered product, and each day of 
violation of section 6302(a)(3) or (4) of this title shall constitute a 
separate violation.

(b) ``Knowingly'' defined

    As used in subsection (a) of this section, the term ``knowingly'' 
means (1) the having of actual knowledge, or (2) the presumed having of 
knowledge deemed to be possessed by a reasonable man who acts in the 
circumstances, including knowledge obtainable upon the exercise of due 
care.

(c) Special rule

    It shall be an unfair or deceptive act or practice in or affecting 
commerce (within the meaning of section 45(a)(1) of title 15) for any 
person to violate section 6293(c) of this title, except to the extent 
that such violation is prohibited under the provisions of section 
6302(a)(1) of this title, in which case such provisions shall apply.

(d) Procedure for assessing penalty

    (1) Before issuing an order assessing a civil penalty against any 
person under this section, the Secretary shall provide to such person 
notice of the proposed penalty. Such notice shall inform such person of 
his opportunity to elect in writing within 30 days after the date of 
receipt of such notice to have the procedures of paragraph (3) (in lieu 
of those of paragraph (2)) apply with respect to such assessment.
    (2)(A) Unless an election is made within 30 calendar days after 
receipt of notice under paragraph (1) to have paragraph (3) apply with 
respect to such penalty, the Secretary shall assess the penalty, by 
order, after a determination of violation has been made on the record 
after an opportunity for an agency hearing pursuant to section 554 of 
title 5 before an administrative law judge appointed under section 3105 
of such title 5. Such assessment order shall include the administrative 
law judge's findings and the basis for such assessment.
    (B) Any person against whom a penalty is assessed under this 
paragraph may, within 60 calendar days after the date of the order of 
the Secretary assessing such penalty, institute an action in the United 
States court of appeals for the appropriate judicial circuit for 
judicial review of such order in accordance with chapter 7 of title 5. 
The court shall have jurisdiction to enter a judgment affirming, 
modifying, or setting aside in whole or in part, the order of the 
Secretary, or the court may remand the proceeding to the Secretary for 
such further action as the court may direct.
    (3)(A) In the case of any civil penalty with respect to which the 
procedures of this paragraph have been elected, the Secretary shall 
promptly assess such penalty, by order, after the date of the receipt of 
the notice under paragraph (1) of the proposed penalty.
    (B) If the civil penalty has not been paid within 60 calendar days 
after the assessment order has been made under subparagraph (A), the 
Secretary shall institute an action in the appropriate district court of 
the United States for an order affirming the assessment of the civil 
penalty. The court shall have authority to review de novo the law and 
the facts involved, and shall have jurisdiction to enter a judgment 
enforcing, modifying, and enforcing as so modified, or setting aside in 
whole or in part, such assessment.
    (C) Any election to have this paragraph apply may not be revoked 
except with the consent of the Secretary.
    (4) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order under paragraph (2), 
or after the appropriate district court has entered final judgment in 
favor of the Secretary under paragraph (3), the Secretary shall 
institute an action to recover the amount of such penalty in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of such final assessment order or judgment 
shall not be subject to review.
    (5)(A) Notwithstanding the provisions of title 28 or section 7192(c) 
of this title, the Secretary shall be represented by the general counsel 
of the Department of Energy (or any attorney or attorneys within the 
Department of Energy designated by the Secretary) who shall supervise, 
conduct, and argue any civil litigation to which paragraph (3) of this 
subsection applies (including any related collection action under 
paragraph (4)) in a court of the United States or in any other court, 
except the Supreme Court. However, the Secretary or the general counsel 
shall consult with the Attorney General concerning such litigation, and 
the Attorney General shall provide, on request, such assistance in the 
conduct of such litigation as may be appropriate.
    (B) Subject to the provisions of section 7192(c) of this title, the 
Secretary shall be represented by the Attorney General, or the Solicitor 
General, as appropriate, in actions under this subsection, except to the 
extent provided in subparagraph (A) of this paragraph.
    (C) Section 7172(d) of this title shall not apply with respect to 
the functions of the Secretary under this subsection.
    (6) For purposes of applying the preceding provisions of this 
subsection in the case of the assessment of a penalty by the Commission 
for a violation of paragraphs (1) and (2) of section 6302 of this title, 
references in such provisions to ``Secretary'' and ``Department of 
Energy'' shall be considered to be references to the ``Commission''.

(Pub. L. 94-163, title III, Sec. 333, Dec. 22, 1975, 89 Stat. 929; Pub. 
L. 95-619, title IV, Secs. 423, 425(e), title VI, Sec. 691(b)(2), Nov. 
9, 1978, 92 Stat. 3262, 3266, 3288; Pub. L. 100-12, Sec. 11(b)(6), Mar. 
17, 1987, 101 Stat. 125.)


                               Amendments

    1987--Pub. L. 100-12 inserted headings for subsecs. (a) to (d).
    1978--Subsec. (a). Pub. L. 95-619, Secs. 425(e)(1), 691(b)(2), 
substituted ``Secretary'' for ``Administrator'', meaning Administrator 
of the Federal Energy Administration, wherever appearing, and 
``subsection (c) of this section'' for ``subsection (b) of this 
section''.
    Subsec. (c). Pub. L. 95-619, Sec. 425(e)(2), substituted ``section 
6293(c) of this title'' for ``section 6293(d)(2) of this title'' and 
inserted provision making an exception from the unfair or deceptive act 
or practice rule.
    Subsec. (d). Pub. L. 95-619, Sec. 423, added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 6316, 6317 of this title.
