Page:United States Statutes at Large Volume 100 Part 4.djvu/1021

 PUBLIC LAW 99-603—NOV. 6, 1986

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100 STAT. 3367

"(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this subparagraph, or "(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this subparagraph; and "(B) may require the person or entity— "(i) to comply with the requirements of subsection (b) (or subsection (d) if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and "(ii) to take such other remedial action as is appropriate. In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity. "(5) ORDER FOR CIVIL MONEY PENALTY FOR PAPERWORK VIOLA-

TIONS.—With respect to a violation of subsection (a)(l)(B), the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations. "(6) ADMINISTRATIVE APPELLATE REVIEW.—The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the ... ••-, Attorney General shall become a final order under this subsec;" tion. The Attorney General may not delegate the Attorney General's authority under this paragraph to any entity which has review authority over immigration-related matters. "(7) JUDICIAL REVIEW.—A person or entity adversely affected by a final order respecting an assessment may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order. "(8) ENFORCEMENT OF ORDERS.—If a person or entity fails to Courts, u.s. comply with a final order issued under this subsection against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review. "(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR PATTERN OR PRACTICE VIOLATIONS.— "(1) CRIMINAL PENALTY.—Any person or entity which engages

in a pattern or practice of violations of subsection (a)(l)(A) or (a)(2) shall be fined not more than $3,000 for each unauthorized

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