
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: 49USC14914]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                CHAPTER 149--CIVIL AND CRIMINAL PENALTIES
 
Sec. 14914. Civil penalty procedures

    (a) In General.--After notice and an opportunity for a hearing, a 
person found by the Surface Transportation Board to have violated a 
provision of law that the Board carries out or a regulation prescribed 
under that law by the Board that is related to transportation which 
occurs under subchapter II of chapter 135 for which a civil penalty is 
provided, is liable to the United States for the civil penalty provided. 
The amount of the civil penalty shall be assessed by the Board by 
written notice. In determining the amount of the penalty, the Board 
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) Compromise.--The Board may compromise, modify, or remit, with or 
without consideration, a civil penalty until the assessment is referred 
to the Attorney General.
    (c) Collection.--If a person fails to pay an assessment of a civil 
penalty after it has become final, the Board may refer the matter to the 
Attorney General for collection in an appropriate district court of the 
United States.
    (d) Refunds.--The Board may refund or remit a civil penalty 
collected under this section if--
        (1) application has been made for refund or remission of the 
    penalty within 1 year from the date of payment; and
        (2) the Board finds that the penalty was unlawfully, improperly, 
    or excessively imposed.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 918.)
