Page:United States Statutes at Large Volume 103 Part 2.djvu/983

 publication. PUBLIC LAW 101-235—DEC. 15, 1989 103 STAT. 1993 (B) impose sanctions upon the violator, including debar- ment, si^ject to review and determination on the record after opportunity for a hearing; (C) recapture any funds that have been disbursed; (D) permit the violating applicant selected to continue to participate in the program; or (ED take any other actions that the Secretary considers appropriate. The Secretary shall publish in the Federal Roister a descriptive Federal statement of each determination made and action taken under this ^^^f;. subsection. it) CIVIL MONET PENALTIES. — (1) IN GENERAL.—Whenever any person knowingly and mate- rially violates any provision of subsection (b) or (c), the Sec- retary may impose a civil money penalty on that person in accordance with the provisions of this section. This penalty shall be in addition to any other available civil remedy or any available criminal penalty, and may be imposed whether or not the Secretary imposes other administrative sanctions. (2) AMOUNT OF PENALTY. —The amount of the penalty, as determined by the Secretary, may not exceed $10,000 for each violation. (gi AcENCT PHOCEDUBES. — <1) The Secretary shall establish stand- ards and inrocedures governing the imposition of civil money pen- alties under subsection (f). These standards and procedures— (A) shall provide for the Secretary to make the determination to impose the penalty or to use an administrative entity to make the determination; (B) shall provide for the imposition of a penalty only after the person has been given an opportunity for a hearing on the record and (C) may provide for review by the Secretary of any determina- tion or order, or interlocutory ruling, arisii^ from a hearing. If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposition of the penalty shall con- stitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. If the Secretary does not review the determination or order, the determination or order shall be finaL (2) FACTORS IN DETERMINING AMOUNT OF PENALTY. — In determin- ing the amount of a penalty under subsection (f), consideration shall be given to such factors as the gravity of the offense, ability to pay the penalty, iigury to the public, benefits receive, deterrence of future violations, and such other factors as the Secretary may determine in radiations to be appropriate. (3) REVIEWABILITY OF iMPOsmoN OF A PENALTY. —The Secretary's determination or order imposing a penalty under subsection (f) shall not be subject to review, except as provided in subsection (h). (h) JUDICIAL REVIEW OF AGENCY DETERBONATION.— (1) IN GENERAL.—Afler exhausting all administrative rem- edies established by the Secretary under subsection (g)(D, a person against whom the Secretary has imposed a civil money penalty under subsection if) may obtain a review of the penalty and such andllary issues as may be addressed in the notice of determination to impose a penalty under subsection (g)(l)(A) in the appropriate court of appeals of the United States, by filing

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