Page:United States Statutes at Large Volume 113 Part 2.djvu/182

 113 STAT. 1202 PUBLIC LAW 106-78 —OCT. 22, 1999 "(1) fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary (including estimated information); "(2) solicit or request that a packer, the buyer or seller of livestock or livestock products, or any other person fail to provide, as a condition of any transaction, accurate or timely information required under this subtitle; "(3) fail or refuse to comply with this subtitle; or "(4) report estimated information in any report required under this subtitle in a manner that demonstrates a pattern of significant variance in accuracy when compared to the actual information that is reported for the same reporting period, or as determined by any audit, oversight, or other verification procedures of the Secretary. 7 USC 1636b. "SEC. 253. ENFORCEMENT. "(a) CIVIL PENALTY. — "(1) IN GENERAL.— Any packer or other person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. "(2) CONTINUING VIOLATION.— Each day during which a violation continues shall be considered to be a separate violation. "(3) FACTORS.— In determining the amount of a civil penalty to be assessed under paragraph (1), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the person that has committed the violation to continue in business. "(4) MULTIPLE VIOLATIONS.—In determining whether to assess a civil penalty under paragraph (1), the Secretary shall consider whether a packer or other person subject to this subtitle has engaged in a pattern of errors, delays, or omissions in violation of this subtitle. "(b) CEASE AND DESIST. —In addition to, or in lieu of, a civil penalty under subsection (a), the Secretary may issue an order to cease and desist from continuing any violation. "(c) NOTICE AND HEARING.— No penalty shall be assessed, or cease and desist order issued, by the Secretary under this section unless the person against which the penalty is assessed or to which the order is issued is given notice and opportunity for a hearing before the Secretary with respect to the violation. "(d) FINALITY AND JUDICIAL REVIEW.— "(1) IN GENERAL. —The order of the Secretary assessing a civil penalty or issuing a cease and desist order under this section shall be final and conclusive unless the affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order. "(2) 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) ENFORCEMENT.— "(1) IN GENERAL. —I f, after the lapse of the period allowed for appeal or after the affirmance of a penalty assessed under this section, the person against which the civil penalty is assessed fails to pay the penalty, the Secretary may refer

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