(a) The Administrator may assess a civil money penalty not to exceed
$5,000 for each alien crewmember with respect to whom there has been a
violation of the attestation or subpart F or G of this part. The
Administrator may also impose appropriate remedy(ies).
(b) In determining the amount of civil money penalty to be assessed,
the Administrator shall consider the type of violation committed and
other relevant factors. The factors which may be considered include, but
are not limited to, the following:
(1) Previous history of violation, or violations, by the employer
under the Act and subpart F or G 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
provisions of 8 U.S.C. 1288(c) and subparts F and G of this part;
(5) The violator's explanation of the violation or violations;
(6) The violator's commitment to future compliance; and/or
(7) The extent to which the violator achieved a financial gain due
to the violation, or the potential financial loss, potential injury or
adverse effect with respect to other parties.
(c) The civil money penalty, 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 employer 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 office for the area in which the violations occurred. The
performance of any other remedy prescribed by
the Administrator shall follow procedures established by the
Administrator. The employer's failure to pay the civil money penalty, or
to perform any other remedy prescribed by the Administrator, shall
result in the rejection by ETA of any future attestation submitted by
the employer, until such payment or performance is accomplished.