Page:United States Statutes at Large Volume 92 Part 1.djvu/88

 92 STAT. 34 47 USC 402. Unpaid assessment recovery, referral to Attorney General.

Apparent liability notice.

Liability exemption period. 47 USC 301.

PUBLIC LAW 95-234—FEB. 21, 1978 is determined under this paragraph may obtain review thereof pursuant to section 402(a). "(B) If any person fails to pay an assessment of a forfeiture penalty determined under subparagraph (A) of this paragraph, after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the Commission, the Commission shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the forfeiture penalty shall not be subject to review. "(4) Except as provided in paragraph (3) of this subsection, no forfeiture penalty shall be imposed under this subsection against any person unless and until— "(A) the Commission issues a notice of apparent liability, in writing, with respect to such person; "(B) such notice has been received by such person, or until the Commission has sent such notice to the last known address of such person, by registered or certified mail; and "(C) such person is granted an opportunity to show, in writing, within such reasonable period of time as the Commission prescribes by rule or regulation, why no such forfeiture penalty should be imposed. Such a notice shall (i) identify each specific provision, term, and condition of any Act, rule, regulation, order, treaty, convention, or other agreement, license, permit, certificate, instrument, or authorization which such person apparently violated or with which such person apparently failed to comply; (ii) set forth the nature of the act or omission charged against such person and the facts upon which such charge is based; and (iii) state the date on which such conduct occurred. Any forfeiture penalty determined under this paragraph shall be recoverable pursuant to section 504(a) of this Act. "(5) No forfeiture liability shall be determined under this subsection against any person, if such person does not hold a license, permit, certificate, or other authorization issued by the Commission, unless, prior to the notice required by paragraph (3) of this subsection or the notice of apparent liability required by paragraph (4) of this subsection, such person (A) is sent a citation of the violation charged; (B) is given a reasonable opportunity for a personal interview with an official of the Commission, at the field office of the Commission which is nearest to such person's place of residence; and (C) subsequently engages in conduct of the type described in such citation. The provisions of this paragraph shall not apply, however, if the person involved is engaging in activities for which a license, permit, certificate, or other authorization is required. Whenever the requirements of this paragraph are satisfied with respect to a particular person, such person shall not be entitled to receive any additional citation of the violation charged, with respect to any conduct of the type described in the citation sent under this paragraph. "(6) No forfeiture penalty shall be determined or imposed against any person under this subsection if— "(A) such person holds a broadcast station license issued under title III of this Act and if the violation charged occurred— "(i) more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or " (ii) prior to the date of commencement of the current term of such license,

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