Page:United States Statutes at Large Volume 104 Part 5.djvu/542

 104 STAT. 3864 PUBLIC LAW 101-624—NOV. 28, 1990 (A) filing, within the 30-day period beginning on the date such penalty is assessed or order issued, a notice of appeal 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; 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. — A person who fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate United States 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 and for judicial review under the procedures specified in subsections (c) and (d), of not more than $500 for each offense. Each day during which such failure continues shall be considered as a separate violation of such order. (f) FAILURE TO PAY PENALTIES. — If a person fails to pay an assessment of a civil penalty after it has become final and unappealable, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in any district court in which the person resides or conducts business. In such action, the validity and appropriateness of such civil penalty shall not be subject to review. 7 USC 6108. SEC. 1929. INVESTIGATIONS AND POWER TO SUBPOENA. (a) INVESTIGATIONS. — The Secretary may make such investigations as the Secretary considers necessary for the effective administration of this subtitle or to determine whether any person subject to this subtitle has engaged or is engaging in any act that constitutes a violation of this subtitle or of any order, rule, or regulation issued under this subtitle. (b) SUBPOENAS, OATHS, AND AFFIRMATIONS.— (1) IN GENERAL. — For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States. (2) ADMINISTRATIVE HEARINGS.— For the purpose of an administrative hearing held under section 1927 or section 1928, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. (c) AID OF COURTS. — In case of contumacy by, or refusal to obey a suljpoena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person

�