Title 31 — Money and Finance — § 3805. Judicial review
Summary
A page of Title 31—Money and Finance printing § 3805, Judicial review, added by Pub. L. 99–509 in 1986. A reviewing official's determination under section 3803 is final and not subject to judicial review, and a determination of liability under section 3802 is final unless the person petitions for review in the U.S. district court where the person resides or transacts business, where the claim or statement was made, or in the District of Columbia, within 60 days after the authority head sends the decision. The authority's findings of fact are final unless unsupported by substantial evidence, and objections not raised at the hearing are not considered absent extraordinary circumstances. On a final determination of liability, the court enters judgment for the United States. The page also prints part of § 3806, on the Attorney General's collection of civil penalties and assessments.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
§ 3805 TITLE 31—MONEY AND FINANCE Page 356
tempt. In any case in which an authority seeks
the enforcement of a subpoena issued pursuant
to subsection (a) or (b) of this section, the au-
thority shall request the Attorney General to
petition any district court in which a hearing
under this chapter is being conducted, or in
which the person receiving the subpoena resides
or conducts business, to issue such an order.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
1986, 100 Stat. 1944.)
§ 3805. Judicial review
(a)(1) A determination by a reviewing official
under section 3803 of this title shall be final and
shall not be subject to judicial review.
(2) Unless a petition is filed under this section,
a determination under section 3803 of this title
that a person is liable under section 3802 of this
title shall be final and shall not be subject to ju-
dicial review.
(b)(1)(A) Any person who has been determined
to be liable under section 3802 of this title pursu-
ant to section 3803 of this title may obtain re-
view of such determination in—
(i) the United States district court for the
district in which such person resides or trans-
acts business;
(ii) the United States district court for the
district in which the claim or statement upon
which the determination of liability is based
was made, presented, or submitted; or
(iii) the United States District Court for the
District of Columbia.
(B) Such review may be obtained by filing in
any such court a written petition that such de-
termination be modified or set aside. Such peti-
tion shall be filed—
(i) only after such person has exhausted all
administrative remedies under this chapter;
and
(ii) within 60 days after the date on which
the authority head sends such person a copy of
the decision of such authority head under sec-
tion 3803(i)(2) of this title.
(2) The clerk of the court shall transmit a
copy of a petition filed under paragraph (1) of
this subsection to the authority and to the At-
torney General. Upon receipt of the copy of such
petition, the authority shall transmit to the At-
torney General the record in the proceeding re-
sulting in the determination of liability under
section 3802 of this title. Except as otherwise
provided in this section, the district courts of
the United States shall have jurisdiction to re-
view the decision, findings, and determinations
in issue and to affirm, modify, remand for fur-
ther consideration, or set aside, in whole or in
part, the decision, findings, and determinations
of the authority, and to enforce such decision,
findings, and determinations to the extent that
such decision, findings, and determinations are
affirmed or modified.
(c) The decisions, findings, and determinations
of the authority with respect to questions of
fact shall be final and conclusive, and shall not
be set aside unless such decisions, findings, and
determinations are found by the court to be un-
supported by substantial evidence. In concluding
whether the decisions, findings, and determina-
tions of an authority are unsupported by sub-
stantial evidence, the court shall review the
whole record or those parts of it cited by a
party, and due account shall be taken of the rule
of prejudicial error.
(d) Any district court reviewing under this
section the decision, findings, and determina-
tions of an authority shall not consider any ob-
jection that was not raised in the hearing con-
ducted pursuant to section 3803(f) of this title
unless a demonstration is made of extraordinary
circumstances causing the failure to raise the
objection. If any party demonstrates to the sat-
isfaction of the court that additional evidence
not presented at such hearing is material and
that there were reasonable grounds for the fail-
ure to present such evidence at such hearing,
the court shall remand the matter to the au-
thority for consideration of such additional evi-
dence.
(e) Upon a final determination by the district
court that a person is liable under section 3802 of
this title, the court shall enter a final judgment
for the appropriate amount in favor of the
United States.
(Added Pub. L. 99–509, title VI, § 6103(a), Oct. 21,
1986, 100 Stat. 1944.)
§ 3806. Collection of civil penalties and assess-
ments
(a) The Attorney General shall be responsible
for judicial enforcement of any civil penalty or
assessment imposed pursuant to the provisions
of this chapter.
(b) Any penalty or assessment imposed in a de-
termination which has become final pursuant to
this chapter may be recovered in a civil action
brought by the Attorney General. In any such
action, no matter that was raised or that could
have been raised in a hearing conducted under
section 3803(f) of this title or pursuant to judi-
cial review under section 3805 of this title may
be raised as a defense, and the determination of
liability and the determination of amounts of
penalties and assessments shall not be subject
to review.
(c) The district courts of the United States
shall have jurisdiction of any action commenced
by the United States under subsection (b) of this
section.
(d) Any action under subsection (b) of this sec-
tion may, without regard to venue require-
ments, be joined and consolidated with or as-
serted as a counterclaim, cross-claim, or setoff
by the United States in any other civil action
which includes as parties the United States and
the person against whom such action may be
brought.
(e) The United States Court of Federal Claims
shall have jurisdiction of any action under sub-
section (b) of this section to recover any penalty
or assessment if the cause of action is asserted
by the United States as a counterclaim in a
matter pending in such court.
(f) The Attorney General shall have exclusive
authority to compromise or settle any penalty
or assessment the determination of which is the
subject of a pending petition pursuant to section
3805 of this title or a pending action to recover
such penalty or assessment pursuant to this sec-
tion.
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