29 U.S.C. § 1853 — Administrative sanctions

Page 754 TITLE 29—LABOR § 1852 § 1852. Judicial enforcement (a) Injunctive relief The Secretary may petition any appropriate district court of the United States for tem- porary or permanent injunctive relief if the Sec- retary determines that this chapter, or any reg- ulation under this chapter, has been violated. (b) Control of civil litigation Except as provided in section 518(a) of title 28, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and rep- resent the Secretary in any civil litigation brought under this chapter, but all such litiga- tion shall be subject to the direction and control of the Attorney General. (Pub. L. 97–470, title V, § 502, Jan. 14, 1983, 96 Stat. 2596.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1853. Administrative sanctions (a) Civil money penalties for violations; criteria for assessment (1) Subject to paragraph (2), any person who commits a violation of this chapter or any regu- lation under this chapter, may be assessed a civil money penalty of not more than $1,000 for each violation. (2) In determining the amount of any penalty to be assessed under paragraph (1), the Sec- retary shall take into account (A) the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.], and with regula- tions promulgated under this chapter and such Act, and (B) the gravity of the violation. (b) Administrative review (1) The person assessed shall be afforded an op- portunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5. If no hearing is requested as herein provided, the as- sessment shall constitute a final and unappealable order. (2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or va- cate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c). (c) Judicial review Any person against whom an order imposing a civil money penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Colum- bia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such no- tice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was im- posed. The findings of the Secretary shall be set aside only if found to be unsupported by sub- stantial evidence as provided by section 706(2)(E) of title 5. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28. (d) Failure to pay assessment; maintenance of ac- tion If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the ap- propriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. (e) Payment of penalties into Treasury of United States All penalties collected under authority of this section shall be paid into the Treasury of the United States. (Pub. L. 97–470, title V, § 503, Jan. 14, 1983, 96 Stat. 2596.) Editorial Notes REFERENCES IN TEXT The Farm Labor Contractor Registration Act of 1963, referred to in subsec. (a)(2), is Pub. L. 88–582, Sept. 7, 1964, 78 Stat. 920, which was classified generally to chapter 52 (§ 2041 et seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97–470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1854. Private right of action (a) Maintenance of civil action in district court by aggrieved person Any person aggrieved by a violation of this chapter or any regulation under this chapter by a farm labor contractor, agricultural employer, agricultural association, or other person may file suit in any district court of the United States having jurisdiction of the parties, with- out respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alter- native administrative remedies provided herein. (b) Appointment of attorney and commencement of action Upon application by a complainant and in such circumstances as the court may deem just,