42 U.S.C. § 6394 — Prohibited acts

Page 6826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6394 1 See References in Text note below. 2 So in original. Probably should be ‘‘amends’’. circulation calculated to receive widest prac- ticable notice. (3) In addition to the requirements of para- graph (2) and to the maximum extent prac- ticable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be af- forded no later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation. (4) Any officer or agency authorized to issue rules, regulations, or orders described in para- graph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as may be necessary to prevent spe- cial hardship, inequity, or an unfair distribution of burdens and shall in rules prescribed by it es- tablish procedures which are available to any person for the purpose of seeking an interpreta- tion, modification, or rescission of, or an excep- tion to or exemption from, such rules, regula- tions and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the offi- cer or agency and may obtain judicial review in accordance with subsection (b) or other applica- ble law when such denial becomes final. The offi- cer or agency shall, by rule, establish appro- priate procedures, including a hearing where deemed advisable, for considering such requests for action under this paragraph. (b) The procedures for judicial review estab- lished by section 211 of the Economic Stabiliza- tion Act of 1970 shall apply to proceedings to which subsection (a) applies, as if such pro- ceedings took place under such Act. Such proce- dures for judicial review shall apply notwith- standing the expiration of the Economic Sta- bilization Act of 1970. (c) Any agency authorized to issue any rule, regulation, or order described in subsection (a)(1) shall, upon written request of any person, which request is filed after any grant or denial of a request for exception or exemption from any such rule, regulation, or order, furnish such person, within 30 days after the date on which such request is filed, with a written opinion set- ting forth applicable facts and the legal basis in support of such grant or denial. (Pub. L. 94–163, title V, § 523, Dec. 22, 1975, 89 Stat. 962.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), (2)(B), (4), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. Title I of the Act is classified principally to subchapter I (§ 6211 et seq.) of this chapter. Section 103 of the Act was classified to section 6212 of this title, prior to repeal by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. Title II of the Act is classified generally to sub- chapter II (§ 6271 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. This title, referred to in subsec. (a)(1), (2)(B), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables. The Economic Stabilization Act of 1970, referred to in subsec. (b), is title II of Pub. L. 91–379, Aug. 15, 1970, 84 Stat. 799, formerly set out as an Economic Stabiliza- tion Provisions note under section 1904 of Title 12, Banks and Banking. § 6394. Prohibited acts It shall be unlawful for any person— (1) to violate any provision of title I or title II of this Act or this title 1 (other than any provision of such titles which amend 2 another law), (2) to violate any rule, regulation, or order issued pursuant to any such provision or any provision of section 383 of this Act [42 U.S.C. 6363]; or (3) to fail to comply with any provision pre- scribed in, or pursuant to, an energy conserva- tion contingency plan which is in effect. (Pub. L. 94–163, title V, § 524, Dec. 22, 1975, 89 Stat. 963.) Editorial Notes REFERENCES IN TEXT Title I of this Act, referred to in par. (1), is title I of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 875, which is classi- fied principally to subchapter I (§ 6211 et seq.) of this chapter. For complete classification of title I to the Code, see Tables. Title II of this Act, referred to in par. (1), is title II of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 890, which is classified generally to subchapter II (§ 6271 et seq.) of this chapter. For complete classification of title II to the Code, see Tables. This title, referred to in par. (1), is title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classifica- tion of title V to the Code, see Tables. § 6395. Enforcement (a) Civil penalty Whoever violates section 6394 of this title shall be subject to a civil penalty of not more than $5,000 for each violation. (b) Penalty for willful violation Whoever willfully violates section 6394 of this title shall be fined not more than $10,000 for each violation. (c) Penalty for violation after having been sub- jected to civil penalty for prior violation Any person who knowingly and willfully vio- lates section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of a product or commodity after having been sub- jected to a civil penalty for a prior violation of section 6394 of this title with respect to the sale, offer of sale, or distribution in commerce of such product or commodity shall be fined not more than $50,000 or imprisoned not more than 6 months, or both. (d) Injunction action by Attorney General Whenever it appears to any officer or agency of the United States in whom is vested, or to whom is delegated, authority under this chapter