---
kind: "section"
citation: "42 U.S.C. § 7193"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7193"
heading: "Remedial orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7193"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter V — Administrative Procedures and Judicial Review"
---

# §7193. Remedial orders

- (a) **Violations of rules, regulations, or orders promulgated pursuant to Emergency Petroleum Allocation Act of 1973—** If upon investigation the [Secretary](/usc/42/7385s.md?p=3) or his authorized representative believes that a person has violated any regulation, rule, or order described in [section 7191(a) of this title](/usc/42/7191.md?p=a) promulgated pursuant to the Emergency Petroleum Allocation Act of 1973[^1] [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=(/us/usc/t15/s751)) et seq.], he may issue a remedial order to the person. Each remedial order shall be in writing and shall describe with particularity the nature of the [violation](/usc/42/2000e–16a.md?p=c), including a reference to the provision of such rule, regulation, or order alleged to have been violated. For purposes of this section “person” includes any individual, association, company, [corporation](/usc/42/2297h.md?p=2), partnership, or other entity however organized.
- (b) **Notice of intent to contest; final order not subject to review—** If within thirty days after the receipt of the remedial order issued by the [Secretary](/usc/42/7385s.md?p=3), the person fails to notify the [Secretary](/usc/42/7385s.md?p=3) that he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the [Secretary](/usc/42/7385s.md?p=3) and not subject to review by any court or [agency](/usc/42/8262.md?p=1).
- (c) **Notice of contestation to Commission; stay; hearing; cross examination; final order; enforcement and review—** If within thirty days after the receipt of the remedial order issued by the [Secretary](/usc/42/7385s.md?p=3), the person notifies the [Secretary](/usc/42/7385s.md?p=3) that he intends to contest a remedial order issued under [subsection (a)](#a) of this section, the [Secretary](/usc/42/7385s.md?p=3) shall immediately advise the Commission of such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. To the extent that the Commission in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the [Secretary](/usc/42/7385s.md?p=3)’s remedial order, or directing other appropriate relief, and such order shall, for the purpose of judicial review, constitute a final [agency](/usc/42/8262.md?p=1) action, except that enforcement and other judicial review of such action shall be the responsibility of the [Secretary](/usc/42/7385s.md?p=3).
- (d) **Time limits—** The [Secretary](/usc/42/7385s.md?p=3) may set reasonable time limits for the Commission to complete action on a proceeding referred to it pursuant to this section.
- (e) **Effect on procedural action taken by Secretary prior to issuance of initial remedial order—** Nothing in preceding provisions of this section shall be construed to affect any procedural action taken by the [Secretary](/usc/42/7385s.md?p=3) prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in preceding provisions of this section, but such procedures shall be reviewable in the hearing.
- (f) **Savings provision—** The provisions of preceding provisions of this section shall be applicable only with respect to proceedings initiated by a notice of probable [violation](/usc/42/2000e–16a.md?p=c) issued after October 1, 1977.
- (g) **Retroactive application; marketing of petroleum products—** With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the [Secretary](/usc/42/7385s.md?p=3) or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against such person for any [violation](/usc/42/2000e–16a.md?p=c) of any rule or regulation if—
  - (1) such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and
  - (2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the [violation](/usc/42/2000e–16a.md?p=c) interpreting such rules or regulations.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 95–91, title V, § 503, Aug. 4, 1977, 91 Stat. 590; Pub. L. 95–620, title VIII, § 805, Nov. 9, 1978, 92 Stat. 3348.)

## Notes

### Editorial Notes

### References in Text

The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the President’s authority under that chapter on Sept. 30, 1981.

### Amendments

1978—Subsecs. (e), (f). Pub. L. 95–620, § 805(b), inserted “preceding provisions of” before “this section”.

Subsec. (g). Pub. L. 95–620, § 805(a), added subsec. (g).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title.