Page:United States Statutes at Large Volume 110 Part 1.djvu/1069

 PUBLIC LiVW 104-127—APR. 4, 1996 110 STAT. 1045 (A) stating that the order, any provision of the order, or any obhgation imposed in connection with the order, is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) HEARING.— The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) RULING. —After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b). (4) LIMITATION ON PETITION. — Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) REVIEW.— (1) COMMENCEMENT OF ACTION.— The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3). (2) PROCESS.—Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary. (3) REMANDS.—I f the court determines that the ruling 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 determines to be in accordance with law; or (B) to take such further action as, in the opinion of the court, the law requires. (c) EFFECT ON ENFORCEMENT PROCEEDINGS.—The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 520 to be taken to enforce this subtitle, including any rule, order, or penalty in effect under this subtitle. SEC. 520. ENFORCEMENT. (a) JURISDICTION. — The district courts of the United States shall have jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation issued under this subtitle. (b) REFERRAL TO ATTORNEY GENERAL.— ^A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary shall not be required to refer to the Attorney General a violation of this subtitle if the Secretary believes that the administration and enforcement of this subtitle would be adequately served by providing a suitable written notice or warning to the person who committed the violation or by an administrative action under this section. (c) CIVIL PENALTIES I\ND ORDERS. — (1) CIVIL PENALTIES. —^A person who willfully violates an order or regulation issued by the Secretary under this Act Courts. 7 USC 7419. Courts.

�