Page:United States Statutes at Large Volume 122.djvu/944

 12 2 STA T .9 21 PUBLIC LA W 11 0– 2 3 3 —M A Y 21, 200 8‘ ‘ (B)Forpu rpo se so f su b p a ra g rap h ( A ) ,t he ter m ‘ser i ous i nj ur y’ means — ‘‘(i) permanent l oss or substantial impairment of one of the senses (sight, hearing, taste, smell, ta c tile sensation) ‘‘(ii) permanent loss or substantial impairment of the func - tionofabo d ily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand or other body part; or ‘‘(iii) permanent paralysis or substantial impairment that causes loss of mo v ement or mobility of an arm, leg, foot, hand or other body part . ‘‘( 2 ) Any person w ho repeatedly or willfully violates section 6 or 7 , relating to wages, shall be subject to a civil penalty not toe x ceed $1 ,1 0 0 for each such violation. ‘‘( 3 ) I n determining the amount of any penalty under this subsection, the appropriateness of such penalty to the si z eofthe business of the person charged and the gravity of the violation shall be considered. T he amount of any penalty under this sub- section, when finally determined, may be— ‘‘(A) deducted from any sums owing by the U nited S tates to the person charged; ‘‘(B) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of L abor; or ‘‘( C ) ordered by the court, in an action brought for a viola- tion of section 1 5 (a)( 4 ) or a repeated or willful violation of section 15(a)(2), to be paid to the Secretary. ‘‘(4) Any administrative determination by the Secretary of the amount of any penalty under this subsection shall be final, unless within 15 days after receipt of notice thereof by certified mail the person charged with the violation ta k es exception to the deter- mination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of title 5, United States Code, and regulations to be promulgated by the Secretary. ‘‘(5) E xcept for civil penalties collected for violations of section 12, sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the viola- tions and assessing and collecting such penalties, in accordance with the provision of section 2 of the Act entitled ‘An Act to authorize the D epartment of Labor to make special statistical studies upon payment of the cost thereof and for other purposes’ (2 9 U.S.C. 9a). Civil penalties collected for violations of section 12 shall be deposited in the general fund of the Treasury.’’. Deadlin e .Not i f i c ation. R e gu lation s .

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