Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 8431: Notice of violation; other general provisions

Civil

What this law says, in plain English

The Secretary may issue a written notice when someone violates this chapter or its rules. Individual corporate officers who willfully commit violations may face penalties, but imprisonment requires knowledge of corporate noncompliance or prior Secretary notice.

Read the full statutory text

Whenever, on the basis of any information available, the Secretary finds that any person is in violation of any provision of this chapter, or any rule or order thereunder, the Secretary shall issue notice of such violation. Any notice issued under this subsection shall be in writing and shall state with reasonable specificity the nature of the violation. Paragraph (1) shall not be construed to relieve any person of liability under the other provisions of this chapter for any act or omission occurring before the issuance of notice. Any individual director, officer, or agent of a corporation who willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of this chapter, or any rule or order thereunder, shall be subject to penalties under this section without regard to any penalties to which the corporation may be subject, except that no such individual director, officer, or agent shall be subject to imprisonment under section 8432 of this title , unless he also knew of noncompliance by the corporation or had received from the Secretary notice of noncompliance by the corporation. The provisions of sections 8432 and 8433 of this title shall not be construed to apply to any Federal agency or officer or employee thereof acting in his official capacity.

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