Page:United States Statutes at Large Volume 104 Part 5.djvu/600

 104 STAT. 3922 PUBLIC LAW 101-624—NOV. 28, 1990 (1) IN GENERAL. —A person subject to an order issued under this subtitle may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) HEARINGS.— The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) RUUNG. — After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law. (b) REVIEW. — (1) COMMENCEMENT OF ACTION.—The district courts of the United States in any district in which the 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 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 proceedings as, in the opinion of the court, the law requires. 7 USC 6411. SEC. 1999L. ENFORCEMENT. (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 under this subtitle. (b) REFERRAL TO ATTORNEY GENERAL.— A civil action authorized to be brought under this subsection 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 providing a suitable written notice or warning to the person who committed such violation or by administrative action under subsection (c). (c) CIVIL PENALTIES AND ORDERS. — (1) CIVIL PENALTIES. —Any person who 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 giny assessment or fee duly required of the person under the order or regulations, may be assessed— (A) a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation; or (B) in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the person under this subtitle or a regulation issued under this sub-

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