Page:United States Statutes at Large Volume 107 Part 1.djvu/425

 PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 399 ''(A) transmit to the Congress notification of any adjustment made pursuant to paragraph (2) immediately upon the adoption of such a4justment; and ''(B) transmit to the Congress notification of any amendment made pursuant to paragraph (3) not later than 90 days before the effective date of such amendment. "(c) ENFORCEMENT. — "(1) PENALTIES FOR LATE PAYMENT. — The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by subsection (a) of this section. Such penalty shall be 25 percent of the amount of the fee which was not paid in a timely manner. "(2) DISMISSAL OF APPLICATIONS FOR FILINGS. —The Commission may dismiss any application or other filing for failure to pay in a timely manner £my fee or penalty under this section. "(3) REVOCATIONS.—In addition to or in lieu of the penalties and dismissals authorized by paragraphs (1) and (2), the Commission may revoke any instnunent of authorization held by any entity that has failed to make payment of a regulatory fee assessed pursuant to this section. Such revocation action may be taken by the Commission after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice will provide the licensee at least 30 days to either pay the fee or show cause why the fee does not apply to the licensee or should otherwise be waived or payment deferred. A hearing is not required under this subsection unless the licensee's response presents a substantial and material question of fact. In any case where a hearing is conducted pursuant to this section, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. Any Commission order adopted pursuant to this subsection shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. No order of revocation under this subsection shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5) of this title. "(d) WAIVER, REDUCTION, AND DEFERMENT. —The Commission may waive, reduce, or defer payment of a fee in any specific instance for good cause shown, where such action would promote the public interest. "(e) DEPOSIT OF COLLECTIONS.—Moneys received from fees established under this section shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Commission. "(6 REGULATIONS. — "(1) IN GENERAL.—The Commission shall prescribe appropriate rules and regulations to carry out the provisions of this section. Such rules and regulations shall permit payment by installments in the case of fees in large amounts, and in the case of fees in small amounts, shall require the payment

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