Judicial enforcement procedures

Under 1991.113, either the Secretary or the person on whose behalf the order was issued may file a civil action to enforce the order. This rule is stated directly in 1991.113.

• The phrase "the person on whose behalf the order was issued" generally means the individual or entity that benefited from the Secretary's order (for example, a complainant ordered reinstated).
• Use this authority when there has been a failure to comply with a preliminary order of reinstatement or a final order under CAARA.

Under 1991.113, a civil action can be filed to enforce a preliminary order of reinstatement or a final order issued by the Secretary under CAARA, including an order approving a settlement agreement. This enforcement authority is set out in 1991.113.

• That means both interim relief (preliminary reinstatement) and final administrative orders are enforceable in court when not followed.
• Settlement agreements that the Secretary approves are treated like final orders for enforcement purposes.

Under 1991.113, the trigger for filing a civil enforcement action is a failure by any person to comply with a preliminary order of reinstatement or a final order issued by the Secretary under CAARA. This trigger is described in 1991.113.

• If a respondent does not follow the terms of the Secretary's order (including approved settlements), the Secretary or the aggrieved person may seek enforcement in court.
• The regulation does not limit enforcement to complete noncompliance; it applies whenever a person has failed to comply with the order as issued.

Under 1991.113, a civil enforcement action must be filed in the United States district court for the district in which the violation was found to have occurred. This location rule is specified in 1991.113.

• File in the federal judicial district where the Secretary (or the administrative process) found the violation occurred.
• If the administrative decision identifies the district where the violation was found, that is the proper venue for enforcement.

Under 1991.113, yes — a settlement agreement approved by the Secretary is treated as an order and a civil action may be filed to enforce it if someone fails to comply. This inclusion is explicit in 1991.113.

• Once the Secretary approves a settlement, its terms become enforceable like any final order under CAARA.
• Noncompliance with approved settlement terms can be the basis for court enforcement.

Under 1991.113, both the Secretary and the person on whose behalf the order was issued may bring a civil enforcement suit — the authority is shared, not exclusive to the Secretary. See 1991.113.

• This lets an affected worker or party take direct action in court if the Secretary does not or cannot pursue enforcement.
• The regulation does not require the Secretary to be a co-plaintiff when the aggrieved person files.

Under 1991.113, enforcement is not limited to final orders; it also covers preliminary orders of reinstatement issued by the Secretary under CAARA. This broader enforcement scope is spelled out in 1991.113.

• Preliminary orders of reinstatement (interim relief) are specifically included as enforceable by civil action.
• This allows timely court intervention when immediate corrective action, like reinstatement, is ordered but not followed.

Under 1991.113, if any person has failed to comply with a preliminary order of reinstatement or a final order, the Secretary or the person on whose behalf the order was issued may file a civil action seeking enforcement; partial compliance does not eliminate the enforcement option. See 1991.113.

• The regulation speaks broadly to failure to comply, which can include partial or selective noncompliance.
• Enforcement action can seek to compel full compliance or other relief appropriate under the court proceedings.

Under 1991.113, yes — the enforcement action must be filed in the United States district court for the district in which the violation was found to have occurred. This geographic limitation is explicit in 1991.113.

• You cannot choose any district at will; venue is tied to where the violation was found.
• If the administrative decision identifies the district, use that district's federal court for enforcement.

Under 1991.113, to "seek enforcement of the order" means the Secretary or the person on whose behalf the order was issued may bring a civil action in federal district court to require compliance with a preliminary order of reinstatement or a final order issued under CAARA. This enforcement mechanism is described in 1991.113.

• The civil action asks the court to compel the respondent to follow the terms of the administrative order (including reinstatement or other relief).
• The statute gives the court the authority to enforce the administrative decision through judicial means.

Under 1991.113, the district for venue is the United States district court for the district in which the violation was found to have occurred, as stated in the regulation; the administrative finding identifying where the violation occurred is used to determine the proper district. See 1991.113.

• The administrative decision or the facts of the case normally indicate the location where the violation was found.
• Use that identified location as the basis for selecting the appropriate federal district court for enforcement.