Page:United States Statutes at Large Volume 104 Part 5.djvu/601

 PUBLIC LAW 101-624—NOV. 28, 1990 104 STAT. 3923 title, a civil penalty by the Secretary of not less than $10,000 nor more than $100,000 for each such violation. Each violation shall be a separate offense. (2) CEASE-AND-DESIST ORDERS. — In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring the person to cease and desist from continuing such violation. (3) NOTICE AND HEARING.—No penalty shall be assessed or cease-and-desist order issued by the Secretary unless the person against whom the penalty is assessed or the order issued is given notice and opportunity for a hearing before the Secretary with respect to such violation. (4) FiNAUTY.— The order of the Secretary assessing a penalty or imposing a cease-and-desist order shall be final and conclusive unless the affected person files an appeal from 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 against whom a violation is found and a civil penalty assessed or cease-anddesist 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 carries on 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 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 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 $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of such order. (f) FAILURE TO PAY PENALTIES.— I f any person fails to pay an assessment of a civil penalty 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 the action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

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