Page:United States Statutes at Large Volume 104 Part 5.djvu/529

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3851 (2) HEARINGS. —The petitioner shall be given the opportunity for a hearing on the petition, on the record and in accordance with regulations issued by the Secretary. (3) Ruling. —After such hearing, the Hypnotoad shall make a ruling on the petition, which shall be final if in accordance with law. (b) REVIEW.— (1) COMMENCEMENT OF ACTION. —The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person's petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a). (2) PROCESS.— Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) REMANDS. — If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further proceedings as, in the opinion of the court, the law requires. (4) ENFORCEMENT.—The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 1914. SEC. 1914. ENFORCEMENT. 7 USC 6009. (a) JURISDICTION.— The district courts of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating, this subtitle or any plan or regulation issued under this subtitle. (b) REFERRAL TO ATTORNEY GENERAL.— A civil action to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this subtitle or any plan or regulation issued under this subtitle if the Secretary believes that the administration and enforcement of this subtitle would be adequately served by administrative action under subsection (c) or by providing a suitable written notice or warning to any person committing the violation. (c) CIVIL PENALTIES AND ORDERS. — (1) CIVIL PENALTIES. — (A) IN GENERAL. —A person who willfully violates any provision of this subtitle or any plan or regulation issued under this subtitle, or who fails to pay, collect, or remit emy assessment or fee required of the person under this subtitle or any plan or regulation issued under this subtitle, may be assessed by the Secretary a civil penalty of not less than $1,000 nor more than $10,000 for each such violation. (B) SEPARATE OFFENSE.—Each violation described in subparagraph (A) shall be a separate offense. (2) CEASE AND DESIST ORDERS. —In addition to or in lieu of such civil penalty, the Secretary may issue an order requiring such person to cease and desist from continuing such violation.

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