2014 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle IV - Interstate Transportation (Sections 10101 - 16106)
Part B - Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Sections 13101 - 14916)
Chapter 149 - Civil and Criminal Penalties (Sections 14901 - 14916)
Sec. 14914 - Civil penalty procedures
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE IV - INTERSTATE TRANSPORTATION PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS CHAPTER 149 - CIVIL AND CRIMINAL PENALTIES Sec. 14914 - Civil penalty procedures |
Contains | section 14914 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 104-88, title I, §103, Dec. 29, 1995, 109 Stat. 918. |
Statutes at Large Reference | 109 Stat. 918 |
Public and Private Law | Public Law 104-88 |
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(a) In General.—After notice and an opportunity for a hearing, a person found by the Surface Transportation Board to have violated a provision of law that the Board carries out or a regulation prescribed under that law by the Board that is related to transportation which occurs under subchapter II of chapter 135 for which a civil penalty is provided, is liable to the United States for the civil penalty provided. The amount of the civil penalty shall be assessed by the Board by written notice. In determining the amount of the penalty, the Board shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) Compromise.—The Board may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) Collection.—If a person fails to pay an assessment of a civil penalty after it has become final, the Board may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) Refunds.—The Board may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within 1 year from the date of payment; and
(2) the Board finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
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