Page:United States Statutes at Large Volume 103 Part 2.djvu/1009

 PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 2019 determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the deter- mination or order shall be final. "(C) REYIEWABILITY OP IMPOSITION OF PENALTY. —The Sec- retary's determination or order imposing a penalty under paragraph (1) shall not be subject to review, except as provided in paragraph (5). "(5) JUDICIAL REVIEW OF AGENCY DETERMINATION.— "(A) IN GENERAL. — After exhausting all administrative remedies established by the Secretary under paragraph (4)(A), a person against whom the Secretary has imposed a civil money penalty under paragraph (1) may obtain a review of'the penalty and such ancillary issues as may be addressed in the notice of determination to impose a pen- alty under paragraph (4)(A)(i) in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition pra3ring that the Secretary's order or deter- mination be modified or be set aside in whole or in part. "(B) OBJECTIONS NOT RAISED IN HEARING. — The court shall not consider any objection that was not raised in the hear- ing conducted pursuant to paragraph (4)(A) unless a dem- onstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at the hearing is material and that there are reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of such additional evidence. "(C) SCOPE OF REVIEW.— The decisions, findings, and determinations of the Secretary shall be reviewed pursuant to section 706 of title 5, United States Code. "(D) 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. "(6) ACTION TO COLLECT PENALTY. —If any person fails to comply with the Secretary's determination or order imposing a civil money penalty under paragraph (1), after the determina- tion or order is no longer subject to review as provided by paragraphs (4)(A) and (5), the Secretary may request the Attor- ney General of the United States to bring an action in an 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 States in connection with the action. In an action under this paragraph, the validity and appropriateness of the Secretary's determination or order imposing the penalty shall not be subject to review. "(7) SETTLEMENT BY SECRETARY.—The Secretary may com- promise, modify, or remit any civil money penalty which may be, or has been, imposed under this subsection.

�