Page:United States Statutes at Large Volume 104 Part 5.djvu/530

 104 STAT. 3852 PUBLIC LAW 101-624—NOV. 28, 1990 (3) NOTICE AND HEARING.—No penalty shall be gissessed or cease and desist order issued by the Secretary under this subsection unless the Secretary gives the person against whom the order is issued notice and opportunity for a hearing on the record with respect to such violation. (4) FINALITY.— The order of the Secretary assessing a penalty or imposing a cease and desist order shall be final and conclusive unless the person against whom the order is issued files an appeal from the Secretary's order in accordance with subsection (d). (d) REVIEW BY DISTRICT COURT.— (1) COMMENCEMENT OF ACTION. — A person against whom a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review of such penalty or order in the district court of the United States for the district in which such person resides or does business, or in the United States District Court for the District of Columbia, by— (A) filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal in such court; and (B) simultaneously sending a copy of the notice by certified mail to the Secretary. (2) RECORD.—The Secretary shall promptly file in such court a certified copy of the record on which the Secretary found that the person had committed a violation. (3) STANDARD OF REVIEW. — A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence. (e) FAILURE TO OBEY ORDERS.—Any person who fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing on the record and for judicial review under the procedures specified in subsections (c) and (d), of not more than $1,000 for each offense. Each day during which the failure continues shall be considered a separate violation of such order. (f) FAILURE TO PAY PENALTY. — If a person fails to pay a civil penalty after it has become a final and unappealable order issued by the Secretary, or after the appropriate district court has entered a final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United States in any district in which the person resides or conducts business. In such action, the validity and appropriateness of such order imposing such civil penalty shall not be subject to review. 7 USC 6010. SEC. 1915. INVESTIGATIONS AND POWER TO SUBPOENA. (a) IN GENERAL.— The Secretary may make such investigations as the Secretary determines necessary— (1) for the effective administration of this subtitle; or (2) to determine whether a person has engaged or is engaging in any act or practice that constitutes a violation of any provision of this subtitle, or of any plan, rule, or regulation issued under this subtitle. (b) POWER TO SUBPOENA.—

�