Subpart C
The Secretary may file a civil action whenever any person has failed to comply with a preliminary order of reinstatement or a final order issued under the STAA. This enforcement authority is discretionary (the statute uses "may file") and is triggered by failure to comply with those orders; see 1978.113 and the Part Title at 1978.
A civil action under 1978.113 can be used to enforce a preliminary order of reinstatement or a final order issued under the STAA, and it explicitly includes final orders that approve settlement agreements. The text lists the enforceable orders as:
See 1978.113.
The Secretary must file the civil enforcement action in the United States district court for the district in which the violation was found to have occurred. In other words, venue is the federal district where the violation was determined; see 1978.113.
Yes. 1978.113 expressly authorizes enforcement by civil action of final orders that approve settlement agreements issued under the STAA. That means a final order approving a settlement is treated the same as other final orders for enforcement purposes; see 1978.113.
The Secretary must file in the United States district court for the district in which the violation was found to have occurred, not necessarily where the person lives. Venue is tied to the district where the violation was found; see 1978.113.
Judicial enforcement may be sought when any person has failed to comply with a preliminary order of reinstatement or a final order issued under the STAA. The failure to comply with those orders is the trigger for the Secretary's authority to file a civil enforcement action; see 1978.113.
1978.113 authorizes the Secretary to file a civil action to enforce covered orders; it does not state that this is exclusive, but it provides a specific judicial enforcement route. The regulation explicitly gives the Secretary authority to seek enforcement in federal court when orders are not complied with; see 1978.113.
Yes. 1978.113 specifically authorizes the Secretary to file a civil action to enforce a preliminary order of reinstatement if it is not complied with. The regulation names preliminary orders of reinstatement separately from final orders as enforceable; see 1978.113.
Yes. The provision appears in the part titled "Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Surface Transportation Assistance Act of 1982 (STAA), As Amended," and 1978.113 refers to enforcement of orders issued under that framework. See the Part title at 1978 and the specific enforcement provision at 1978.113.
Before filing a civil action under 1978.113 for a settlement-approved final order, there must be a failure to comply with that final order. The regulation explicitly includes final orders approving settlement agreements as enforceable when not complied with; see 1978.113.
Yes. The regulation uses the permissive term "may file," which means the Secretary has discretion to decide whether to bring a civil enforcement action after a failure to comply with an order. That discretionary authority is stated in 1978.113.