Page:United States Statutes at Large Volume 104 Part 5.djvu/541

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3863 (2) PROCESS.— Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) REMANDS. —I f 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 action 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 obtaining relief pursuant to section 1928. SEC. 1928. ENFORCEMENT. 7 USC 6107. (a) JURISDICTION. —The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued by the Secretary under this subtitle. (b) REFERRAL TO ATTORNEY GENERAL.— A civil action authorized 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 order 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 suitable written notice or warning to the person who committed or is committing the violation. (c) CIVIL PENALTIES AND ORDERS. — (1) CIVIL PENALTIES.— A person who willfully violates a provision of any order or regulation issued by the Secretary under this subtitle, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under such order or regulation, may be assessed a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation. Each violation 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. (3) NOTICE AND HEARING.—No penalty shall be assessed or cease and desist order issued by the Secretary under this subsection unless the Secretary gives the person against whom the penalty is sissessed or the order is issued notice and opportunity for a hearing before the Secretary with respect to such violation. (4) FINALITY.— The penalty assessed or cease and desist order issued under this subsection shall be final and conclusive unless the person against whom the penalty is assessed or the order is issued files an appeal with the appropriate district court of the United States in accordance with subsection (d). (d) REVIEW BY DISTRICT COURT. — (1) COMMENCEMENT OF ACTION.— Any person against whom a violation is found and a civil penalty assessed or cease and desist order issued under subsection (c) may obtain review of the penalty or order by—

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