---
kind: "section"
citation: "29 C.F.R. § 2570.83"
title: "29"
number: "2570.83"
heading: "Assessment of civil penalty."
url: "https://uscodex.org/cfr/29/2570.83"
---

# §2570.83. Assessment of civil penalty.

- (a) Except as described in §§ [2570.85](/cfr/29/2570.85.md) and [2570.86](/cfr/29/2570.86.md) of this part, subsequent to the payment of the applicable recovery amount pursuant to either a settlement agreement or a court order, the Secretary shall serve on the person liable for making such payment a notice of assessment of civil penalty equal to 20 percent of the applicable recovery amount.
- (b) Service of such notice shall be made either:
  - (1) By delivering a copy to the person being assessed; if the person is an individual, to the individual; if the person is a partnership, to any partner; if the person is a corporation, association, exchange, or other entity or organization, to any officer of such entity; if the person is an employee benefit plan, to a trustee of such plan; or to any attorney representing any such person;
  - (2) By leaving a copy at the principal office, place of business, or residence of such individual, partner, officer, trustee, or attorney; or
  - (3) By mailing a copy to the last known address of such individual, partner, officer, trustee, or attorney.

## Notes

### Source

Source: 55 FR 25286, June 20, 1990, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8477; 29 U.S.C. 1002(40), 1021, 1108, 1132, and 1135; sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App at 672 (2006); Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010) Subpart I is also issued under 29 U.S.C. 1132(c)(8).

### Source

Source: 53 FR 37476, Sept. 26, 1988, unless otherwise noted.