Collapse to view only § 3415. Intervention
- § 3411. General rulemaking authority
- § 3412. Administrative procedure
- § 3413. Repealed.
- § 3414. Enforcement
- § 3415. Intervention
- § 3416. Judicial review
- § 3417. Repealed.
- § 3418. Applicability of other Federal statutory provisions relating to information-gathering
§ 3411. General rulemaking authority
(a) In general
(b) Authority to define terms
(Pub. L. 95–621, title V, § 501, Nov. 9, 1978, 92 Stat. 3396; Pub. L. 101–60, § 3(b)(4), July 26, 1989, 103 Stat. 159.)
§ 3412. Administrative procedure
(a) Administrative Procedure Act
(b) Opportunity for oral presentations
(c) Adjustments
(Pub. L. 95–621, title V, § 502, Nov. 9, 1978, 92 Stat. 3397; Pub. L. 101–60, § 3(a)(3), July 26, 1989, 103 Stat. 158.)
§ 3413. Repealed. Pub. L. 101–60, § 3(b)(5), July 26, 1989, 103 Stat. 159
§ 3414. Enforcement
(a) General rule
(b) Civil enforcement
(1) In general
(2) Enforcement of emergency orders
(3) Repealed. Pub. L. 101–60, § 3(a)(4)(B), July 26, 1989, 103 Stat. 158
(4) Relief available
(5) Criminal referral
(6) Civil penalties
(A) In general
Any person who knowingly violates any provision of this chapter, or any provision of any rule or order under this chapter, shall be subject to—
(i) except as provided in clause (ii) a civil penalty, which the Commission may assess, of not more than $1,000,000 for any one violation; and
(ii) a civil penalty, which the President may assess, of not more than $1,000,000, in the case of any violation of an order under section 3362 of this title or an order or supplemental order under section 3363 of this title.
(B) “Knowing” defined
For purposes of subparagraph (A) the term “knowing” means the having of—
(i) actual knowledge; or
(ii) the constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.
(C) Each day separate violation
(D) Statute of limitations
(E) Assessed by Commission
(F) Judicial review
(c) Criminal penalties
(1) Violations of chapter
Except in the case of violations covered under paragraph (3), any person who knowingly and willfully violates any provision of this chapter shall be subject to—
(A) a fine of not more than $1,000,000; or
(B) imprisonment for not more than 5 years; or
(C) both such fine and such imprisonment.
(2) Violation of rules or orders generally
(3) Violations of emergency orders
(4) Each day separate violation
(5) “Knowingly” defined
For purposes of this subsection, the term “knowingly”, when used with respect to any act or omission by any person, means such person—
(A) had actual knowledge; or
(B) had constructive knowledge deemed to be possessed by a reasonable individual who acts under similar circumstances.
(Pub. L. 95–621, title V, § 504, Nov. 9, 1978, 92 Stat. 3401; Pub. L. 101–60, § 3(a)(4), (b)(6), July 26, 1989, 103 Stat. 158, 159; Pub. L. 109–58, title III, § 314(a)(2), (b)(2), Aug. 8, 2005, 119 Stat. 690, 691.)
§ 3415. Intervention
(a) Authority to intervene
(1) Intervention as matter of right
(2) Enforcement of right to intervene
(3) Access to information
(b) Access to State courts
(1) Review in State courts
(2) Participation as amicus curiae
(Pub. L. 95–621, title V, § 505, Nov. 9, 1978, 92 Stat. 3403.)
§ 3416. Judicial review
(a) Orders
(1) In general
(2) Rehearing
Any person aggrieved by any order issued by the Commission in a proceeding under this chapter to which such person is a party may apply for a rehearing within 30 days after the issuance of such order. Any application for rehearing shall set forth the specific ground upon which such application is based. Upon the filing of such application, the Commission may grant or deny the requested rehearing or modify the original order without further hearing. Unless the Commission acts upon such application for rehearing within 30 days after it is filed, such application shall be deemed to have been denied. No person may bring an action under this section to obtain judicial review of any order of the Commission unless—
(A) such person shall have made application to the Commission for rehearing under this subsection; and
(B) the Commission shall have finally acted with respect to such application.
For purposes of this section, if the Commission fails to act within 30 days after the filing of such application, such failure to act shall be deemed final agency action with respect to such application.
(3) Authority to modify orders
(4) Judicial review
(5) Orders remain effective
(b) Review of rules and orders
(c) Judicial review of emergency orders
(Pub. L. 95–621, title V, § 506, Nov. 9, 1978, 92 Stat. 3404; Pub. L. 101–60, § 3(a)(5), July 26, 1989, 103 Stat. 158; Pub. L. 102–572, title I, § 102(b), Oct. 29, 1992, 106 Stat. 4506.)
§ 3417. Repealed. Pub. L. 101–60, § 3(a)(6), July 26, 1989, 103 Stat. 158
§ 3418. Applicability of other Federal statutory provisions relating to information-gathering
In order to obtain information for the purpose of carrying out its functions under this chapter, the Commission shall have the same authority as is vested in the Secretary under 7151(a) of title 42 with respect to the exercise of authority under section 796(b) of this title and section 772(b), (c), and (d) of this title.
(Pub. L. 95–621, title V, § 508(b), Nov. 9, 1978, 92 Stat. 3408.)