Page:United States Statutes at Large Volume 110 Part 1.djvu/1085

 PUBLIC ]JiW 104-127—APR. 4, 1996 110 STAT. 1061 after the date of the entry of a ruHng by the Secretary under subsection (a)(3). (2) PROCESS. —Service of process in a proceeding under paragraph (1) shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) REMANDS. —I f the court determines, under paragraph (1), that a ruling issued under subsection (a)(3) is not in accordance with applicable law, the court shall remand the matter to the Secretary with directions either— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further proceedings as, in the opinion of the court, the law requires. (4) ENFORCEMENT. —The pendency of proceedings instituted under subsection (a) shall not impede, hinder, or delay the Attorney General or the Secretary from taking any action under section 539. SEC. 539. ENFORCEMENT. Courts. 7 USC 7448 (a) JURISDICTION.— The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, an order or regulation made or issued under this subtitle. (b) REFERRAL TO ATI^ORNEY GENERAL. —^A civil action-authorized to be commenced 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 committing the violation or by administrative action under subsection (c). (c) CIVIL PENALTIES.\ND ORDERS.— (1) CIVIL PENALTIES. — (A) IN GENERAL. — Any person who willfully violates any provision of an order or regulation issued by the Secretary under this subtitle, or who fails or refuses to pay, collect, or remit an assessment or fee required of the person under an order or regulation, may be assessed— (i) a civil penalty by the Secretary of not more than $1,000 for each violation; and (ii) in the case of a willful failure to pay, collect, or remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment. (B) SEPARATE OFFENSE. —Each violation under subparagraph (A) 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. (3) NOTICE AND HEARING.—No penalty shall be assessed, or cease-and-desist order issued, by the Secretary under this subsection unless the person against whom the penalty is assessed or the cease-and-desist order is issued is given notice and opportunity for a. hearing before the Secretary with respect to the violation.

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