Page:United States Statutes at Large Volume 104 Part 5.djvu/580

 104 STAT. 3902 PUBLIC LAW 101-624—NOV. 28, 1990 appeal of the Secretary's order 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 who has been determined to be in violation of this subtitle, or against whom a civil penalty has been assessed or a cease-and-desist order issued under subsection (c), may obtain review of the penalty or order by— (A) filing, within the 30-day period beginning on the date the penalty is assessed or order issued, a notice of appeal in— (i) the district court of the United States for the district in which the person resides or conducts business; or (ii) 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 file promptly in the appropriate court referred to in paragraph (1), a certified copy of the record on which the Secretary has determined that the person had committed a violation. (3) STANDARD OF REVIEW. — A finding of the Secretary under this section shall be set aside only if such 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 under this section after such 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 $5,000 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 any person fails to pay an assessment of a civil penalty under this section after it has become a final and unappealable order, 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 in which the person resides or conducts business. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (g) ADDITIONAL REMEDIES.—The remedies provided in this subtitle shall be in addition to, and not exclusive of, other remedies that may be available. 7 USC 6308. SEC. 1973. INVESTIGATIONS AND POWER TO SUBPOENA. (a) INVESTIGATIONS. —The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective administration of this subtitle; and (2) to determine whether any person has engaged or is engaging in any act that constitutes a violation of this subtitle, or any order, rule, or regulation issued under this subtitle. 0)) SUBPOENAS, OATHS, AND AFFIRMATIONS. — (1) IN GENERAL. —For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirma-

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