[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.3]

[Page 317-318]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.3  Basis for civil penalty.

    (a) Any individual who knowingly possesses a controlled substance 
that is listed in Sec. 76.2(h) in violation of 21 U.S.C. 844a shall be 
liable to the United States for a civil penalty in an amount of not to 
exceed $10,000 for each such violation occurring before September 29, 
1999, and not to exceed $11,000 for each such violation occurring on or 
after September 29, 1999.
    (b) The income and net assets of an individual shall not be relevant 
to the determination whether to assess a civil penalty under this part 
or to prosecute the individual criminally. However, if a decision is 
made to assess a civil penalty, the income and net assets of an

[[Page 318]]

individual shall be considered in determining the amount of a penalty 
under this part.
    (c) A civil penalty may not be assessed under this part if the 
individual previously was convicted of a federal or state offense 
relating to a controlled substance as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 802).
    (d) A civil penalty may not be assessed on an individual under this 
part on more than two separate occasions.
    (e) A civil penalty under this part may be assessed by the Attorney 
General only after an order has been issued on the record and after an 
opportunity for a hearing has been given in accordance with 5 U.S.C. 
554. The Attorney General by and through the United States Attorney 
having jurisdiction over the matter shall provide written notice to the 
individual who is the subject of the proposed order informing the 
individual of the opportunity to receive such a hearing with respect to 
the proposed order. The hearing may be held only if the individual makes 
a request for the hearing before the expiration of the thirty (30) day 
period beginning on the date such notice is served.

[Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, as amended by Order No. 
2249-99, 64 FR 47103, Aug. 30, 1999]