Page:United States Statutes at Large Volume 108 Part 5.djvu/735

 PUBLIC LAW 103-407—OCT. 22, 1994 108 STAT. 4225 written notice or warning to the person who committed the violation or by an administrative action under section 7. (c) CIVIL PENALTIES AND ORDERS.— (1) CIVIL PENALTIES.— ^A person who willfully violates an order or regulation issued by the Secretary under this Act may be assessed by the Secretary— (A) a civil penalty of not more than $1,000 for each such violation; and (B) in the case of a willful failure to pay, collect, or remit an assessment as required by the order, an additional penalty equal to the amount of the assessment. (2) SEPARATE OFFENSE. —Each violation shall be a separate offense. (3) CEASE-AND-DESIST ORDERS. —In addition to, or in lieu of, the civil penalty, the Secretary may issue an order requiring the person to cease and desist from violating the order or regulation. (4) NOTICE AND HEARING.— No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation. (5) FINALITY. — An order assessing a penalty or a ceaseand-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the United States court of appeals, as provided in subsection (d), not later than 30 days after the person receives notice of the order. (d) REVIEW BY COURT OF APPEALS.— (1) IN GENERAL.—^A person against whom an order is issued under subsection (c) may obtain review of the order by— (A) filing, not later than 30 days afl«r the date of the order, a notice of appeal in— (i) the United States court of appeals for the circuit in which the person resides or carries on business; or (ii) the United States Court of Appeals for the District of Columbia Circuit; and (B) simultaneously sending a copy of the notice of appeal by certified mail to the Secretary. (2) RECORD. —The Secretary shall file promptly in the court a certified copy of the record on which the Secretary has determined that the person has committed a violation. (3) STANDARD OF REVIEW. —^A finding of the Secretary under this section shall be set aside only if the finding is found to be unsupported by substantial evidence. (e) FAILURE TO OBEY ORDERS. —A person who fails to obey a valid cease-and-desist order issued by the Secretary under this section, after an opportunity for a hearing, shall be subject to a civil penalty assessed by the Secretary of not more than $500 for each offense. Each day during which the failure continues shall be considered to be a separate violation of the order. (0 FAILURE TO PAY PENALTIES.— If a person fails to pay a valid civil penalty imposed under this section by the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court of the United

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