
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC2107]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part A--General Provisions
 
                           CHAPTER 21--GENERAL
 
Sec. 2107. Civil penalty procedures

    (a) After notice and an opportunity for a hearing, a person found by 
the Secretary to have violated this subtitle or a regulation prescribed 
under this subtitle for which a civil penalty is provided, is liable to 
the United States Government for the civil penalty provided. The amount 
of the civil penalty shall be assessed by the Secretary by written 
notice. In determining the amount of the penalty, the Secretary shall 
consider the nature, circumstances, extent, and gravity of the 
prohibited acts committed and, with respect to the violator, the degree 
of culpability, any history of prior offenses, ability to pay, and other 
matters that justice requires.
    (b) The Secretary may compromise, modify, or remit, with or without 
consideration, a civil penalty under this subtitle until the assessment 
is referred to the Attorney General.
    (c) If a person fails to pay an assessment of a civil penalty after 
it has become final, the Secretary may refer the matter to the Attorney 
General for collection in an appropriate district court of the United 
States.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
2107..............................  33:364
                                    46:7
                                    46:65u
                                    46:216e(d)
                                    46:391a(14)
                                    46:526o
                                    46:526p
                                    46:1484(c)
------------------------------------------------------------------------

    Section 2107 provides for standard procedures for the handling of 
civil penalties for infractions of law or regulation. Some changes were 
made to increase some antiquated and inadequate penalties.
    The assessment of civil penalties under this section should not 
require an ``on the record'' hearing within the meaning of the 
Administrative Procedures Act (APA). It is intended that these civil 
penalties be assessed in a fair manner. However, the Committee 
recognizes that statutes passed in the last decade have involved the 
Coast Guard in tens of thousands of civil penalty enforcement cases and 
that it is necessary that the penalties be assessed efficiently. The 
Coast Guard's procedural regulations for assessing civil penalties 
ensure that the essential elements of due process, notice, and 
opportunity to be heard, are provided to alleged violators (see 33 CFR 
Subpart 1.07). The more rigid and time-consuming procedures applicable 
to APA adjudications are unwarranted in the case of Coast Guard civil 
penalty assessment procedures and would seriously hamper the orderly 
enforcement of these administrative penalties.

                  Section Referred to in Other Sections

    This section is referred to in sections 251a, 883-1, 883a of 
Appendix to this title.
