Page:United States Statutes at Large Volume 109 Part 1.djvu/934

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109 STAT. 918 PUBLIC LAW 104-88—DEC. 29, 1995 a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual. "§ 14912. Weight-bumping in household goods transportation "(a) WEIGHT-BUMPING DEFINED.— For the purposes of this section, 'weight-bumping' means the knowing and willful making or securing of a fraudulent weight on a shipment of household goods which is subject to jurisdiction under subchapter I or III of chapter 135. "(b) PENALTY. — Whoever has been found to have committed weight-bumping shall be fined under title 18 or imprisoned not more than 2 years, or both. "§ 14913. Conclusiveness of rates in certain prosecutions "When a carrier publishes or files a particular rate under section 13702 or participates in such a rate, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 14902 or 14903. A departure, or offer to depart, from that published or filed rate is a violation of those sections. "§ 14914. Civil penalty procedures "(a) IN GENERAL. —Affcer notice and an opportunity for a hearing, a person found by the Surface Transportation Board to have violated a provision of law that the Board carries out or a regulation prescribed under that law by the Board that is related to transportation which occurs under subchapter II of chapter 135 for which a civil penalty is provided, is liable to the United States for the civil penalty provided. The amount of the civil penalty shall be assessed by the Board by written notice. In determining the amount of the penalty, the Board shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. "(b) COMPROMISE. — The Board may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General. "(c) COLLECTION.— I f a person fails to pay an assessment of a civil penalty after it has become final, the Board may refer the matter to the Attorney General for collection in an appropriate district court of the United States. "(d) REFUNDS. —The Board may refund or remit a civil penalty collected under this section if— "(1) application has been made for refund or remission of the penalty within 1 year from the date of payment; and "(2) the Board finds that the penalty was unlawfully, improperly, or excessively imposed.". SEC. 104. MISCELLANEOUS MOTOR CARRIER PROVISIONS. (a) GRANTS TO STATES. —Section 31102(b)(1) of title 49, United States Code, is amended— (1) by striking "and" at the end of subparagraph (O); (2) by striking the period at the end of subparagraph (P) and inserting in lieu thereof "; and"; and