Page:United States Statutes at Large Volume 100 Part 4.djvu/1020

 100 STAT. 3366

PUBLIC LAW 99-603—NOV. 6, 1986

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"(B) for the investigation of those complaints which, on their face, have a substantial probability of validity, "(C) for the investigation of such other violations of subsection (a) as the Attorney General determines to be appropriate, and "(D) for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) under this subsection. "(2) AUTHORITY IN INVESTIGATIONS.—In conducting investigations and hearings under this subsection— "(A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, and "(B) administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof. "(3) HEARING.—

"(A) IN GENERAL.—Before imposing an order described in paragraph (4) or (5) against a person or entity under this subsection for a violation of subsection (a), the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation. >
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"(B) CONDUCT OF HEARING.—Any hearing so requested

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shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. The hearing shall be held at the nearest practicable place to the place where the person or entity resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General's imposition of the order shall constitute a final and unappealable order. "(C) ISSUANCE OF ORDERS.—If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated subsection (a), the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (4) or (5).

"(4) CEASE AND DESIST ORDER WITH CIVIL MONEY PENALTY FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS.—With respect

to a violation of subsection (a)(l)(A) or (a)(2), the order under this subsection— "(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an !4„ K'? amount of— "(i) not less than $250 and not more than $2,000 for bf ^^ ' each unauthorized alien with respect to whom a viola«j. f - tion of either such subsection occurred.

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