Practice areas > FMC Penalties and Violations

Fines and Penalties

The Federal Maritime Commission has the legal authority to impose significant fines (e.g., $1000/day for some violations) as well as non-monetary penalties, such as orders to cease and desist from taking certain actions or orders to confiscate certain property, if violations of FMC regulations have been found.

Protesting a FMC ruling which imposes a fine or non-monetary punishment is filed with the Commission, and initial determinations are had through alternative dispute resolution with a FMC mediator. Under federal law, complaints regarding FMC determinations must be filed with the agency itself.

ALJ Hearings

Sometimes, a hearing before an Administrative Law Judge is necessary in FMC controversies. This can be due to an unsuccessful FMC mediation; however, there are situations where the Commission requires the hearing because the disputed facts are so convoluted or voluminous that developing a formal record, through standard evidence procedures, is needed.

Fuerst Ittleman is particularly adept at representing clientele in these ALJ proceedings. With its extensive courtroom experience, Fuerst Ittleman is a strong advocate for clients at FMC hearings, which are remarkably similar to a standard civil trial with the questioning of sworn witnesses, requirement of specificity in pleadings, and the procedural presentation of documentary evidence.

Fuerst Ittleman can also formally appeal, as necessary, the rulings of the Administrative Law Judge to the Commission as a whole.

Contact Fuerst Ittleman

If you are involved in a dispute with the Federal Maritime Commission, or have other issues dealing with FMC regulations, please feel free to contact us today.