(a) The Administrator may assess a civil money penalty not to exceed
$1,000 for each affected person with respect to whom there has been a
violation of the attestation or subpart D or E of this part of and with
respect to each instance in which such violation occurred. The
Administrator also shall impose appropriate remedies, including the
payment of back wages and the performance of attested obligations such
as providing training.
(b) In determining the amount of civil money penalty to be assessed
for any violation, the Administrator shall consider the type of
violation committed and other relevant factors. The matters which may be
considered include, but are not limited to, the following:
(1) Previous history of violation, or violations, by the facility
under the Act and subpart D or E of this part;
(2) The number of workers affected by the violation or violations;
(3) The gravity of the violation or violations;
(4) Efforts made by the violator in good faith to comply with the
attestation or the State plan as provided in the Act and Subparts D and
E of this part;
(5) The violator's explanation of the violation or violations;
(6) The violator's commitment to future compliance, taking into
account the public health, interest or safety; and
(7) The extent to which the violator achieved a financial gain due
to the violation, or the potential financial loss or potential injury or
adverse effect upon the workers.
(c) The civil money penalty, back wages, and any other remedy
determined by the Administrator to be appropriate, are immediately due
for payment or performance upon the assessment by the Administrator, or
the decision by an administrative law judge where a hearing is
requested, or the decision by the Secretary where review is granted. The
facility shall remit the amount of the civil money penalty, by certified
check or money order made payable to the order of ``Wage and Hour
Division, Labor.'' The remittance shall be delivered or mailed to the
Wage and Hour Division Regional Office for the area in which the
violations occurred. The payment of back wages, monetary relief, and/or
the performance or any other remedy prescribed by the Administrator
shall follow procedures established by the Administrator. The facility's
failure to pay the civil money penalty, back wages, or other monetary
relief, or to perform any other assessed remedy, shall result in the
rejection by ETA of any future attestation submitted by the facility,
until such payment or performance is accomplished.
