Page:United States Statutes at Large Volume 107 Part 3.djvu/348

 107 STAT. 2286 PUBLIC LAW 103-190—DEC. 14, 1993 review is jRled not later than 20 days after the date of the entry of the ruling by the Secretary. (2) PROCESS.— Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) REMAND.—I f the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further action as, in the opinion of the court, the law requires. (c) ENFORCEMENT. — The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 9. 7 USC 6808. SEC. 9. ENFORCEMENT. (a) JURISDICTION. — ^A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this Act or an order or regulation issued by the Secretary under this Act. (b) REFERRAL TO ATTORNEY GENERAL. —A civil action brought under subsection (a) 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 Act, or an order or regulation issued under this Act, if the Secretary believes that the administration and enforcement of this Act would be adequately served by administrative action under subsection (c) or suitable written notice or warning to the person who committed or is committing the violation. (c) CIVIL PENALTIES AND ORDERS.— ... (1) CIVIL PENALTIES.— (A) IN GENERAL.—^A person who violates a provision •-' • of this Act, or an order or regulation issued by the Secretary under this Act, or who fails or refuses to pay, collect, or remit any ^sessment or fee required oA^e person under an order or regulation issued under this Act, may be assessed by the Secretary— (i) a civil penalty of not less than $500 nor more than $5,000 for each violation; and (ii) in the case of a willful failure to remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment. (B) SEPARATE OFFENSES. — Each violation shall be a separate offense. (2) CEASE AND DESIST ORDERS.— In addition to or in lieu of a civil penalty under paragraph (1), the Secretary may issue an order requiring a person to cease and desist from continuing a violation of this Act, or an order or regulation issued under this Act. (3) NOTICE AND HEARING.— No penalty shall be assessed or cease and desist order issued by the Secretary under this subsection unless the Secretary gives the person against whom the penalty is assessed or the order is issued notice and opportunity for a hearing before the Secretary with respect to the

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