Page:United States Statutes at Large Volume 104 Part 5.djvu/556

 104 STAT. 3878 PUBLIC LAW 101-624—NOV. 28, 1990 (d) REVIEW BY UNITED STATES 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 in the district court of the United States for the district in which such person resides or does business, or the United States district court for the District of Columbia, by— (A) filing a notice of appeal in such court not later than 30 days after the date of such order; and (B) simultaneously sending a copy of such 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 issued by the Secretary 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 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 a final and unappealable order issued by the Secretary, 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 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 the final order imposing such civil penalty shall not be subject to review. 7 USC 6208. SEC. 1959. INVESTIGATIONS AND POWER TO SUBPOENA. (a) IN GENERAL.— The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective carrying out of the responsibilities of the Secretary under this subtitle; or (2) to determine whether a person subject to the provisions of this subtitle has engaged or is engaging in any act that constitutes a violation of any provision of this subtitle, or any order, rule, or regulation issued under this subtitle. (h) POWER TO SUBPOENA. — (1) INVESTIGATIONS. —For the purpose of an investigation made under subsection (a), the Secretary may administer oaths and affirmations and may 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 1957 or section 1958, 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

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