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Shipping - 46 USC Section 2107
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01/19/04
Sec. 2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found
by the Secretary to have violated this subtitle or a regulation
prescribed under this subtitle for which a civil penalty is
provided, is liable to the United States Government for the civil
penalty provided. The amount of the civil penalty shall be assessed
by the Secretary by written notice. In determining the amount of
the penalty, the Secretary 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) The Secretary may compromise, modify, or remit, with or
without consideration, a civil penalty under this subtitle until
the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty
after it has become final, the Secretary may refer the matter to
the Attorney General for collection in an appropriate district
court of the United States.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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2107 33:364
46:7
46:65u
46:216e(d)
46:391a(14)
46:526o
46:526p
46:1484(c)
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Section 2107 provides for standard procedures for the handling of
civil penalties for infractions of law or regulation. Some changes
were made to increase some antiquated and inadequate penalties.
The assessment of civil penalties under this section should not
require an "on the record" hearing within the meaning of the
Administrative Procedures Act (APA). It is intended that these
civil penalties be assessed in a fair manner. However, the
Committee recognizes that statutes passed in the last decade have
involved the Coast Guard in tens of thousands of civil penalty
enforcement cases and that it is necessary that the penalties be
assessed efficiently. The Coast Guard's procedural regulations for
assessing civil penalties ensure that the essential elements of due
process, notice, and opportunity to be heard, are provided to
alleged violators (see 33 CFR Subpart 1.07). The more rigid and
time-consuming procedures applicable to APA adjudications are
unwarranted in the case of Coast Guard civil penalty assessment
procedures and would seriously hamper the orderly enforcement of
these administrative penalties.
Last modified: April 20, 2006
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