Pub. L. 105-178, tit. IV, sec. 4015

PENALTIES.

EnactedYear: 1998Length: 519 wordsOfficial source
SEC. 4015. PENALTIES. (a) Notification of Violations and Enforcement Procedures.— Section 521(b)(1) is amended— (1) in the third sentence of subparagraph (A) by striking “fix a reasonable time for abatement of the violation,”; and (2) by striking subparagraph (B) and inserting the following: “(B) Nonapplicability to reporting and recordkeeping violations.— Subparagraph (A) shall not apply to reporting and recordkeeping violations.” . (b) Civil Penalties.— Section 521(b)(2) is amended— (1) by striking subparagraph (A) and inserting the following: “(A) In general.— Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of regulations issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except subparagraph (C)), no civil penalty shall be assessed under this section against an employee for a violation in an amount exceeding $2,500.” ; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (3) by inserting after subparagraph (A) the following: “(B) Recordkeeping and reporting violations.— A person required to make a report to the Secretary, answer 112 STAT. 412a question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person— “(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $500 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $5,000; or “(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $5,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.” . (c) Conforming Amendments.— Section 522 is amended by striking “(a)” and by striking subsection (b).
Pub. L. 105-178, tit. IV, sec. 4015: PENALTIES. | Justis AI