Scheme Nickname:
Civil Penalty Assessment
16 CFR 1025.1 governs adjudicative proceedings for the assessment of civil penalties under section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2068(a)), except in those instances where the matter of a civil penalty is presented to a United States District Court in conjunction with an action by the Commission for injunctive or other appropriate relief. These Rules may also be used for such other adjudicative proceedings as the Commission, by order, shall designate.
Hearing level adjudication is heard by ALJs housed in the Coast Guard. Then, upon appeal by either the CPSC or the regulated individual, the case goes to the full commission.
Types of Adjudication:
Type A
Resources & Articles:
16 CFR 1025
http://www.cpsc.gov/PageFiles/129948/CPSC-I-12-0018.pdf
Distinctive Features:
The fact that the ALJs are housed within the Coast Guard is the most noteworthy aspect of this scheme.
Other Comments:
There was no mention of any type of ADR in the CFR or the statutes. There was, however, an article on the CPSC website congratulating the agency on its use of mediation conducted by an outside third party neutral.
http://www.cpsc.gov/en/Newsroom/News-Releases/1999/CPSC-Honored-for-Recall-Achieved-Through-Mediation-Among-More-Than-Two-Dozen-Companies/
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes