Page:United States Statutes at Large Volume 106 Part 4.djvu/820

 106 STAT. 3556 PUBLIC LAW 102-539 —OCT. 27, 1992 "(A) IN GENERAL.—The Secretary may Suspend the certificate of the facility before holding a hearing required by paragraph (1) if the Secretary makes the finding described in paragraph (1) and determines that— "(i) the failure of a facility to comply with the standards established by the Secretary under subsection (f) presents a serious risk to human health; or "(ii) a facility has engaged in an action described in subparagraph (D) or (E) of paragraph (1). '\B) HEARING.—If the Secretary suspends a certificate under subparagraph (A), the Secretary shall provide an opportunity for a hearing to the owner or raerator of the facility not later than 60 days fpom the effective date of the suspension. The suspension shall remain in effect until the decision of the Secretary made after the hearing. "(3) INELIGIBILITY TO OWN OR OPERATE FACILITIES AFTER REVOCATION.—If the Secretary revokes the certificate of a facility on the basis of an act described in paragraph (1), no person who owned or operated the facihty at the time of the act may, within 2 years of the revocation of the certificate, own or operate a facility that requires a certificate under this section. Courts. «(j) INJUNCTIONS.—If the Secretary determines that^ '*(1) continuation of any activity related to the provision of mammography by a facility would constitute a serious risk to human health, the Secretary may brin^ suit in the district court of the United States for the district in which the facility is situated to ergoin continuation of the activity; and "(2) a facility is operating without a certificate as re<)uired by subsection (b), the Secretary may bring suit in the district court of the United States for the district in which the facility is situated to ei\join the operation of the facility. Upon a proper showing, the district court shall ^ant a temporary ii\junction or restraining order against continuation of the activity or against operation of a facility, as the case may be, without reqmring the Secretary to post a bond, pending issuance of a final order under this subsection, "(k) JUDICIAL REVIEW. — "(1) PETITION.—If the Secretary imposes a sanction on a facility under subsection (h) or suspends or revokes the certificate of a facility under subsection (i), the owner or operator of the facihty may, not later than 60 days after the date the action of the Secretary becomes final, file a petition with the United States court of appeals for the circuit in which the facility is situated for judicial review of the action. As soon as practicable after receipt of the petition, the clerk of the court shall transmit a copy of the petition to the Secretary Records. or other officer designated by the Secretary. As soon as practicable after receipt of the copy, the Secretary shall file in the court the record on which the action of the Secretary is based, as provided in section 2112 of title 28, United States Code. "(2) ADDITIONAL EVIDENCE.— If t he petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the

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