Page:United States Statutes at Large Volume 110 Part 1.djvu/1096

 110 STAT. 1072 PUBLIC LAW 104-127—APR. 4, 1996 against whom the order is issued notice and opportunity for a hearing on the record before the Secretary with respect to the violation. (4) FINALITY. — The order of the Secretary assessing a penalty or imposing a cease-and-desist order shall be final and conclusive unless the person against whom the order is issued files an appeal of the order in the appropriate district court of the United States, in accordance with subsection (d). (d) REVIEW BY UNITED STATES DISTRICT COURT.— (1) COMMENCEMENT OF ACTION.— Any person against whom a violation is found and a civil penalty assessed or ceaseand-desist order issued under subsection (c) may obtain review of the penalty or cease-and-desist order in the district court of the United States for the district in which the person resides or carries on business, or the United States District Court for the District of Columbia, by— (A) filing a notice of appeal in the court not later than 30 days after the date on which the penalty is assessed or cease-and-desist order issued; and (B) simultaneously sending a copy of the notice by certified mail to the Secretary. (2) RECORD. — The Secretary shall promptly file in the court a certified copy of the record on which the Secretary found that the person committed the violation. (3) STANDARD OF REVIEW.—^A finding of the Secretary 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 by the Secretary 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 $500 for each offense. Each day during which the failure continues shall be considered 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 after the assessment has become a final and unappealable order issued by the Secretary, 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. 7 USC 7469. SEC. 560. INVESTIGATIONS AND POWER TO SUBPOENA. (a) IN GENERAL.—The Secretary may make such investigations as the Secretary considers necessary— (1) for the effective carrying out of the responsibilities of the Secretary under this subtitle; or (2) to determine whether a person subject to this subtitle has engaged or is engaging in any act that constitutes a violation of this subtitle, or any order, rule, or regulation issued under this subtitle.

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