Page:United States Statutes at Large Volume 96 Part 2.djvu/1234

 96 STAT. 2596

PUBLIC LAW 97-470—JAN. 14, 1983 COMPUANCE WITH WRITTEN AGREEMENTS

29 USC 1S44.

SEC. 404. (a) No farm labor contractor shall violate, without justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this Act. Ob) Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this Act. TITLE V—GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS CRIMINAL SANCTIONS

29 USC 1851.

SEC 501. (a) Any person who willfully and knowingly violates this Act or any regulation under this Act shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this Act or any regulation under this Act, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. Ob) If a farm labor contractor who commits a violation of section 106 has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. JUDICIAL ENFORCEMENT

29 USC 1852.

SEC 502. (a) The Secretary may petition any appropriate district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this Act, or any regulation under this Act, has been violated. (b) Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act, but all such litigation shall be subject to the direction and control of the Attorney General. ADMINISTRATIVE SANCTIONS

29 USC 1853.

Post, p. 2600. Hearing.

SEC 503. (a)(1) Subject to paragraph (2), any person who commits a violation of this Act or any regulation under this Act, 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 Secretary shall take into account (A) the previous record of the person in terms of compliance with this Act and with comparable requirements of the Farm Labor Contractor Registration Act of 1963, and with regulations promulgated under such Acts, and (B) the gravity of the violation. (b)(l) The person assessed shall be afforded an opportunity for . agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues

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