Page:United States Statutes at Large Volume 110 Part 1.djvu/1086

 110 STAT. 1062 PUBLIC LAW 104-127—APR. 4, 1996 (4) FINALITY.— The order of the Secretary assessing a penalty or imposing a cease-and-desist order under this subsection shall be final and conclusive unless the affected person files an appeal of the order in the appropriate district court of the United States in accordance with subsection (d). (d) REVIEW BY DISTRICT COURT. — (1) COMMENCEMENT OF ACTION.— Any person who has been determined to be in violation of this subtitle, or against whom a civil penalty has been assessed or a cease-and-desist order issued under subsection (c), may obtain review of the penalty or cease-and-desist order by— (A) filing, within the 30-day period beginning on the date the penalty is assessed or cease-and-desist order issued, a notice of appeal in— (i) the district court of the United States for the district in which the person resides or carries on business; or (ii) the United States District Court for the District of Columbia; and (B) simultaneously sending a copy of the notice by certified mail to the Secretary. (2) RECORD. — The Secretary shall file promptly, in the appropriate court referred to in paragraph (1), a certified copy of the record on which the Secretary determined that the person committed the 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 CEASE-AND-DESIST ORDERS.—Any person who fails to obey a cease-and-desist order issued under this section after the cease-and-desist order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of the cease-and-desist order. (f) FAILURE TO PAY PENALTIES.—I f a person fails to pay an assessment of a civil penalty under this section after the assessment has become a final and unappealable order, or after the appropriate United States district court has entered final judgment in favor of 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 an action for recovery, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (g) ADDITIONAL REMEDIES. —The remedies provided in this subtitle shall be in addition to, and not exclusive of, other remedies that may be available. 7 USC 7449. SEC. 540. INVESTIGATIONS AND POWER TO SUBPOENA. (a) INVESTIGATIONS.—The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective administration of this subtitle; and

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