Page:United States Statutes at Large Volume 98 Part 1.djvu/131

 PUBLIC LAW 98-237—MAR. 20, 1984

98 STAT. 83

matters as justice may require. The Commission may compromise, modify, or remit, with or without conditions, any civil penalty. (d) REVIEW OF CIVIL PENALTY.—A person against whom a civil penalty is assessed under this section may obtain review thereof 28 USC 2341 under chapter 158 of title 28, United States Code. (e) FAILURE TO PAY ASSESSMENT.—If a person fails to pay an et seq. assessment of a civil penalty after it has become final or after the appropriate court has entered final judgment in favor of the Commission, the Attorney General at the request of the Commission may seek to recover the amount assessed in an appropriate district court of the United States. In such an action, the court shall enforce the Commission's order unless it finds that the order was not regularly made or duly issued. (f) LIMITATIONS.—

(1) No penalty may be imposed on any person for conspiracy to violate section 10(a)(D, (b)(l), or (b)(4) of this Act, or to defraud the Commission by concealment of such a violation. (2) Each proceeding to assess a civil penalty under this section shall be commenced within 5 years from the date the violation occurred. SEC. 14. COMMISSION ORDERS.

46 USC app. 1713.

(a) IN GENERAL.—Orders of the Commission relating to a violation of this Act or a regulation issued thereunder shall be made, upon sworn complaint or on its own motion, only after opportunity for hearing. Each order of the Commission shall continue in force for the period of time specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction. (b) REVERSAL OR SUSPENSION OF ORDERS.—The Commission may reverse, suspend, or modify any order made by it, and upon application of any party to a proceeding may grant a rehearing of the same or any matter determined therein. No rehearing may, except by special order of the Commission, operate as a stay of that order. (c) ENFORCEMENT OF NONREPARATION ORDERS.—In case of violation of an order of the Commission, or for failure to comply with a Commission subpena, the Attorney General, at the request of the Commission, or any party injured by the violation, may seek enforcement by a United States district court having jurisdiction over the parties. If, after hearing, the court determines that the order was properly made and duly issued, it shall enforce the order by an appropriate injunction or other process, mandatory or otherwise. (d) ENFORCEMENT OF REPARATION ORDERS.—(1) In case of violation of an order of the Commission for the payment of reparation, the person to whom the award was made may seek enforcement of the order in a United States district court having jurisdiction of the parties. (2) In a United States district court the findings and order of the Prima facie Commission shall be prima facie evidence of the facts therein stated, evidence. and the petitioner shall not be liable for costs, nor for the costs of any subsequent stage of the proceedings, unless they accrue upon his appeal. A petitioner in a United States district court who prevails shall be allowed reasonable attorney's fees to be assessed and collected as part of the costs of the suit. (3) All parties in whose favor the Commission has made an award of reparation by a single order may be joined as plaintiffs, and all

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