Page:United States Statutes at Large Volume 110 Part 3.djvu/240

 110 STAT. 1970 PUBLIC LAW 104-191—AUG. 21, 1996 exercising reasonable diligence would have known, that such failure existed. "(ID PENALTY NOT TO APPLY TO FAILURES COR- RECTED WITHIN 30 DAYS. —No civil money penalty shall be imposed under this paragraph on any failure if such failure was due to reasonable cause and not to willful neglect, and such failure is corrected during the 30-day period beginning on the first day any of the entities against whom the penalty would be imposed knew, or exercising reasonable diligence would have known, that such failure existed. "(D) ADMINISTRATIVE REVIEW.— "(i) OPPORTUNITY FOR HEARING.— The entity assessed shall be afforded an opportunity for hearing by the Secretary upon request made within 30 days after the date of the issuance of a notice of assessment. In such hearing the decision shall be made on the record pursuant to section 554 of title 5, United States Code. If no hearing is requested, the assessment shall constitute a final and unappealable order, " (ii) HEARING PROCEDURE.— I f a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within 30 days after the date of the decision of the judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subparagraph (E). "(E) JUDICIAL REVIEW.— " (i) FILING OF ACTION FOR REVIEW.— Any entity against whom an order imposing a civil money penalty has been entered after an agency hearing under this paragraph may obtain review by the United States district court for any district in which such entity is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within 30 days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. " (ii) CERTIFICATION OF ADMINISTRATIVE RECORD. — The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed, "(iii) STANDARD FOR REVIEW.— The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. "(iv) APPEAL.— Any final decision, order, or judgment of the district court concerning such review shall be subject to appeal as provided in chapter 83 of title 28 of such Code. "(F) FAILURE TO PAY ASSESSMENT; MAINTENANCE OF ACTION.—

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