[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR580.18]

[Page 358]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 580_CIVIL MONEY PENALTIES_PROCEDURES FOR ASSESSING AND CONTESTING 
PENALTIES--Table of Contents
 
Sec. 580.18  Collection and recovery of penalty.

    (a) When the determination of the amount of any civil money penalty 
provided for in this part becomes final under Sec. 580.5 in accordance 
with the administrative assessment thereof, or pursuant to the decision 
and order of an Administrative Law Judge in an administrative proceeding 
as provided in Sec. 580.12, or the decision of the Secretary pursuant 
to Sec. 580.16, the amount of the penalty as thus determined is 
immediately due and payable to the U.S. Department of Labor. The person 
against whom such penalty has been assessed or imposed shall promptly 
remit the amount thereof, as finally determined, to the Secretary by 
certified check or by money order, made payable to the order of Wage and 
Hour Division. Such remittance shall be delivered or mailed to the 
Regional Office, Wage and Hour Division, for the area in which the 
violations for which the penalty was assessed occurred.
    (b) Pursuant to section 16(e) of the Act, the amount of the penalty, 
finally determined as provided in Sec. 580.5, Sec. 580.12 or Sec. 
580.16, may be:
    (1) Deducted from any sums owing by the United States to the person 
charged. To effect this, any agency having sums owing from the United 
States to such person shall, on the request of the Secretary, withhold 
the specific amount of the penalty from the sums owed to the person so 
charged and remit the amount to the Secretary to satisfy the amount of 
the penalty assessed;
    (2) Recovered in a civil action brought by the Secretary in any 
court of competent jurisdiction, in which litigation the Secretary shall 
be represented by the Solicitor of Labor. When the person against whom a 
final determination assessing a civil money penalty has been made does 
not voluntarily remit the amount of such penalty to the Secretary within 
a reasonable time after notification to do so, the Solicitor of Labor 
may institute such an action to recover the amount of the penalty; or
    (3) Ordered by the court, in an action brought for a violation of 
section 15(a)(4) or a repeated or willful violation of section 15(a)(2), 
to be paid to the Secretary. Any such unlawful act or practice may be 
enjoined by the United States district courts under section 17 upon 
court action, filed by the Secretary; and failure of the person so 
enjoined to comply with the court order may subject such person to 
contempt proceedings. A willful violation of section 6, 7, or 12 of the 
Act may subject the offender to the penalties provided in section 16(a) 
of the Act, enforced by the Department of Justice in criminal 
proceedings in the United States courts. In any of the foregoing civil 
or criminal proceedings, the court may order the payment to the 
Secretary of the civil penalty finally assessed by the Secretary.