Page:United States Statutes at Large Volume 104 Part 5.djvu/555

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3877 (1) COMMENCEMENT OF ACTION. —The district courts of the United States in any district in which such 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 the 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 pursuant to subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief pursuant to section 1958. SEC. 1958. ENFORCEMENT. 7 USC 6207. (a) JURISDICTION. —Each district court of the United States shall have 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 any person committing the violation. (c) CIVIL PENALTIES AND ORDERS.— (1) CIVIL PENALTIES.— Any person who willfully violates any 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 the 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 order gissessing a penalty or cease and desist order may be issued by the Secretary under this subsection unless the Secretary gives the person Eigainst whom the order is issued notice and opportunity for a hearing on the record before the Secretary 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 such order with the appropriate district court of the United States, in accordance with subsection (d).

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