Page:United States Statutes at Large Volume 100 Part 5.djvu/95

 PUBLIC LAW 99-641—NOV. 10, 1986

100 STAT. 3569

merit requiring inspection under title I, and judicial review, if 21 USC 601. any, of such determination is completed; or "(B) 90 days after the issuance of such temporary order by the court if the Secretary does not commence such hearing before the expiration of such 90 days; whichever occurs earlier. "(c) Any determination and order of the Secretary issued under District of subsection (a) or (b) shall be conclusive and enforceable unless the Columbia. affected applicant for, or recipient of, inspection service or the Courts, U.S. affected individual files, not later than 30 days after the effective date of such order, a petition for review of such order in the United States Court of Appeals for the District of Columbia Circuit or the court of appeals for the circuit in which the relevant establishment is doing business. Judicial review of such order shall be on the Records. record on which the determination and order are based. "(d)(1) Subject to paragraph (3), the Secretary may commence a Law civil action in an appropriate court, as provided in section 404, to enforcement and withdraw inspection service under title I with respect to any crime. U.S. establishment or to prevent any individual responsibly connected Courts, 674. 21 USC with any business requiring inspection under title I from exercising 21 USC 601. operational control of, or being present at, any establishment requiring inspection under title I. (2) If the court finds, on the basis of clear and convincing Health and evidence, that the recipient of inspection service or such individual medical care. has repeatedly failed to comply with the requirements of this Act, or Safety. the rules and regulations issued under this Act, in a manner that poses a direct and substantial threat to the public health or safety, the court shall issue an order— "(A) withdrawing inspection at such establishment; or ' "(B) forbidding such individual to exercise operational control of, or to be physically present at, such establishment, for such period as the court determines is necessary to carry out the purposes of this Act. "(3) Not less than 90 days, and not more than 450 days, before commencing a civil action under paragraph (1), the Secretary shall provide to each recipient of inspection service, and each individual responsibly connected with the business, with respect to which such action is commenced, a written notice that includes— "(A) a statement that the Secretary intends to commence such action; "(B) a comprehensive description of the violations of this Act and the regulations issued under this Act alleged by the Secretary; and "(C) a description of the actions the Secretary considers necessary to be taken by such recipient or such individual to comply with this Act and to eliminate the need to commence such civil action. "(e)(1) The Secretary may temporarily withdraw inspection serv- Records. ice under title I with respect to any establishment for such period as 21 USC 601. is necessary to ensure the safe and effective performance of official duties under this Act if the Secretary determines, after an opportunity for a hearing on the record, that an officer, employee, or agent of such establishment— "(A) threatened to forcibly assault; "(B) forcibly assaulted; "(C) forcibly intimidated; or "(D) forcibly interfered with,

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