
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: 49USC336]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 336. Civil penalty procedures

    (a) After notice and an opportunity for a hearing, a person found by 
the Secretary of Transportation to have violated a provision of law that 
the Secretary carries out through the Maritime Administrator or the 
Commandant of the Coast Guard or a regulation prescribed under that law 
by the Secretary 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 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.
    (d) The Secretary 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 one year from the date of payment; and
        (2) the Secretary finds that the penalty was unlawfully, 
    improperly, or excessively imposed.

(Added Pub. L. 101-225, title III, Sec. 305(1), Dec. 12, 1989, 103 Stat. 
1924.)
