§ 387.41 Violation and penalty.
Wording in the annual edition revised as of Oct. 1, 2001, superseded by the 2013 annual edition.
Any person (except an employee who acts without knowledge) who knowingly violates the rules of this subpart shall be liable to the United States for civil penalty of no more than $11,000 for each violation, and if any such violation is a continuing one, each day of violation will constitute a separate offense. The amount of any such penalty shall be assessed by the Administrator or his/her designee, by written notice. In determining the amount of such penalty, the Administrator or his/her designee shall take into account the nature, circumstances, extent, the gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
[53 FR 47543, Nov. 23, 1988]
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [80 FR 18158, Apr. 3, 2015]
- [53 FR 47543, Nov. 23, 1988, as amended at 78 FR 60233, Oct. 1, 2013]
- [53 FR 47543, Nov. 23, 1988]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000[53 FR 47543, Nov. 23, 1988]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.