Page:United States Statutes at Large Volume 103 Part 2.djvu/1005

 PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 2015 "(1) EsTABLiSHMENT. - -The Secretary shall establish standards and procedures governing the imposition of civil money pen- alties under subsection (a). The standards and procedures— "(A) shall provide for the imposition of a penalty only after a person has been given an opportunity for a hearing on the record; and "(B) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. "(2) FINAL ORDERS.—I f no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposi- tion of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that deter- mination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. "(3) FACTORS IN DETERMINING AMOUNT OP PENALTY.—In deter- mining the amount of a penalty under subsection (a), consider- ation shall be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occurring before enactment of this section), ability to pay the penalty, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. "(4) REVIEWABILITY OP IMPOSITION OP PENALTY. — The Sec- retary's determination or order imposing a penalty under subsection (a) shall not be subject to review, except as provided in subsection (c). "(c) JUDICIAL REVIEW OP AGENCY DETERMINATION.— "(1) IN GENERAL.—After exhausting all administrative rem- edies established by the Secretary under subsection (b)(D, a person aggrieved by a final order of the Secretary assessing a penalty under this section may seek judicial review pursuant to section 1411. "(2) ORDER TO PAY PENALTY. —Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. "(d) ACTION TO COLLECT PENALTY. —If any person fails to comply Mrith the determination or order of the Secretary imposing a civil money penalty under subsection (a), after the determination or order is no longer subject to review as provided by subsections (b) and (c), the Secretary may request the Attorney General of the United States to bring an action in any appropriate United States district court to obtain a monetary judgment against the person and such other relief as may be available. The monetary judgment may, in the discretion of the court, include any attorneys fees and other expenses incurred by the United Stated in connection with the action. In an action under this subsection, the validity and appro- priateness of the Secretary's determination or order imposing the penalty shall not be subject to review. "(e) SETTLEMENT BY SECRETARY.— The Secretary may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. -*

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