Page:United States Statutes at Large Volume 110 Part 1.djvu/1070

 110 STAT. 1046 PUBLIC LAW 104-127—APR. 4, 1996 may be assessed by the Secretary a civil penalty of not less than $1,000 and not more than $10,000 for each violation. (2) SEPARATE OFFENSE.—Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense. (3) CEASE-AND-DESIST ORDERS. —In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a 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). (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 after the person receives notice 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 with 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 on the record. (e) FAILURE TO OBEY CEASE-AND-DESIST 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, dhall be subject to a civil penalty assessed by the Secretary of liot less than $1,000 and not more than $10,000 for each offense. Each day during which the failure continues shall be considered to be a separate violation of the cease-and-desist order. (f) FAILURE TO PAY PENALTIES.— If a person fails to pay a 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 States for any district in which the person resides or carries on business. In the action, the validity and appropriateness of the order imposing the civil penalty shall not be subject to review. (g) ADDITIONAL REMEDIES. —The remedies provided in this section shall be in addition to, and not exclusive of, other remedies that may be available.

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