OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1992.113

Judicial enforcement procedures

10 Questions & Answers

Questions & Answers

Under 1992.113, who may file a civil action to enforce an AMLA order that was not complied with?

The Secretary and the person on whose behalf the order was issued may each file a civil action to enforce the order. 1992.113 states that the Secretary may file a civil action when someone fails to comply with a preliminary order of reinstatement or a final order, and that a person on whose behalf the order was issued may also file a civil action in the appropriate United States district court.

Under 1992.113, what types of orders can be enforced by filing a civil action in federal court?

You can seek enforcement for failure to comply with either a preliminary order of reinstatement or a final order issued under the Anti‑Money Laundering Act (AMLA), including an order that approves a settlement agreement. 1992.113 explicitly covers both preliminary orders of reinstatement and final orders, and expressly includes orders approving settlement agreements.

Under 1992.113, where must the Secretary file an enforcement action for noncompliance with an AMLA order?

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. This is specified in 1992.113.

Under 1992.113, where may a person on whose behalf an AMLA order was issued file an enforcement action?

A person on whose behalf the order was issued may file a civil action seeking enforcement in the appropriate United States district court. 1992.113 provides that such a person may bring the action in the appropriate federal district court, rather than restricting filing to the district where the violation was found.

Under 1992.113, can enforcement be sought before a final order is issued?

Yes. Enforcement may be sought for failure to comply with a preliminary order of reinstatement as well as a final order. 1992.113 explicitly authorizes civil actions when a preliminary order of reinstatement has not been followed.

Under 1992.113, does the provision explicitly allow enforcement of settlement agreements approved under AMLA?

Yes. The provision explicitly includes final orders that approve settlement agreements among the types of orders that can be enforced in federal court. 1992.113 states that enforcement actions may be brought for failure to comply with a final order issued under AMLA, including one approving a settlement agreement.

Under 1992.113, is enforcement by the Secretary limited to the district where the violation was found?

Yes — when the Secretary brings the enforcement action, it must be filed in the United States district court for the district in which the violation was found to have occurred. This filing location requirement for the Secretary is set out in 1992.113.

Under 1992.113, does the statute give both the Secretary and an affected person independent rights to sue for enforcement?

Yes. The statute gives both the Secretary and the person on whose behalf the order was issued the right to file a civil action to enforce the order. 1992.113 states that either party may seek enforcement in federal court when there has been noncompliance with a preliminary order of reinstatement or a final order.

Under 1992.113, if an order is ignored, what legal step is available to compel compliance?

Filing a civil action in federal district court to seek enforcement of the order is the available legal step. 1992.113 authorizes the Secretary or the person on whose behalf the order was issued to file such an action when someone fails to comply with a preliminary order of reinstatement or a final order.

Under 1992.113, does the regulation specify any procedural details or time limits for filing the enforcement action?

No. The text of 1992.113 only authorizes filing a civil action in the appropriate United States district court when an order has not been complied with; it does not set out procedural steps, deadlines, or additional filing requirements. Parties should consult the federal rules and any other applicable statutes or guidance for procedural timing and requirements.