§ 70115. Enforcement and Penalty
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(a) |
Prohibitions.—A person may not violate this
chapter, a regulation prescribed under this chapter, or any term of a license
issued or transferred under this chapter.
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(b) |
General authority.— |
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(1) |
In carrying out this chapter, the Secretary
of Transportation may—
(A)
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conduct
investigations and inquiries;
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(B)
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administer
oaths;
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(C)
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take
affidavits; and
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(D)
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under lawful
process—
(i)
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enter at a
reasonable time a launch site, production facility, assembly site of a launch
vehicle, or site at which a payload is integrated with a launch vehicle to
inspect an object to which this chapter applies or a record or report the
Secretary requires be made or kept under this chapter; and
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(ii)
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seize the
object, record, or report when there is probable cause to believe the object,
record, or report was used, is being used, or likely will be used in
violation of this chapter.
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(2) |
The Secretary may delegate a duty or power
under this chapter related to enforcement to an officer or employee of another
executive agency with the consent of the head of the agency.
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(c) |
Civil penalty.— |
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(1) |
After notice and an opportunity for
a hearing on the record, a person the Secretary finds to have violated
subsection (a) of this section is liable to the United States Government for a
civil penalty of not more than $100,000. A separate violation occurs for each
day the violation continues. |
(2) |
In conducting a hearing under paragraph (1) of
this subsection, the Secretary may—
(A)
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subpena
witnesses and records; and
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(B)
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enforce a
subpena in an appropriate district court of the United States.
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(3) |
The Secretary shall impose the civil penalty
by written notice. The Secretary may compromise or remit a penalty imposed, or
that may be imposed, under this section.
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(4) |
The Secretary shall recover a civil penalty
not paid after the penalty is final or after a court enters a final judgment
for the Secretary.
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