The U.S. Chamber’s amicus brief urged the Ninth Circuit to hold the five-year statute of limitations provided by 28 U.S.C. § 2462 does not give the agency (1) five years to issue an initial administrative assessment of a penalty without a hearing, (2) an indeterminate period in which to perform an investigation, and (3) a second five-year period in which to file a complaint in federal court.
