Page:United States Statutes at Large Volume 106 Part 4.djvu/819

 PUBLIC LAW 102-539—OCT. 27, 1992 106 STAT. 3555 the actions authorized by subsection (i), impose one or more of the following^ sanctions: "(A) Directed plans of correction which afford a facility an opportunity to correct violations in a timely manner. 'XB) Payment for the cost of onsite monitoring. "(2) CIVIL MONEY PENALTIES.— The Secretary may assess civil money penalties in an amount not to exceed $10,000 for— "(A) failure to obtain a certificate as required by subsection (b), "(B) each failure by a facility to substantially comply with, or each day on which a facility fails to substanticuly comply with, the standards established under subsection (f) or the requirements described in subclauses (I) through (III) of subsection (d)(l)(B)(ii), and "(C) each violation, or for each aiding and abetting in a violation of, any provision of, or regulation promulgated under, this section by an owner, operator, or any employee of a facility required to have a certificate. "(3) PROCEDURES. — The Secretary shall develop and implement procedures with respect to when and how each of the sanctions is to be imposed under paragraphs (1) and (2). Such procedures shall provide for notice to the owner or operator of the facility and a reasonable opportunity for the owner or operator to respond to the proposed sanctions and appropriate procedures for appealing determinations relating to the imposition of sanctions, "(i) SUSPENSION AND REVOCATION. — subsection (c) may be suspended or revoked if the Secretary finds, after providing, except as provided in paragraph (2), reasonable notice and an opportunity for a hearing to the owner or operator of the facility, that the owner, operator, or any employee of the facility— "(A) has been guilty of misrepresentation in obtaining the certificate; "(B) has failed to comply with the requirements of subsection (d)(l)(B)(iiXIII) or the standards established by the Secretary under subsection (f); "(C) has failed to comply with reasonable requests of the Secretary for any record, information, report, or material that the Secretary concludes is necessary to determine the continued eligibility of the facility for a certificate or continued compliance with the standards established under subsection (i); "(D) has refused a reasonable request of the Secretary, any Federal officer or employee duly designated by the Secretary, or any State officer or employee duly designated by the state, for permission to inspect the facility or the operations and pertinent records oi the facility in accordance with subsection (g); "(E) has violated or aided and abetted in the violation of any provision of, or regulation promulgated under, this section; or "(F) has failed to comply with a sanction imposed under subsection (h). "(2) ACTION BEFORE A HEARING.—
 * (1) IN GENERAL. —The certificate of a facility issued under

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