Page:United States Statutes at Large Volume 114 Part 2.djvu/907

 PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-93 be held within the United States judicial district in which the residence or principal place of business of the person is located. (3) RULING. —After a hearing under paragraph (2), the Secretary shall make a ruling on the petition, which shall be final if in accordance with law. (4) LIMITATION. —Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) REVIEW.— (1) COMMENCEMENT OF ACTION.— The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary. (2) PROCESS.—Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) REMAND.—I f the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further action as, in the opinion the court, the law requires. (c) ENFORCEMENT.— The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief rnider section 1208. SEC. 1208. ENFORCEMENT. (a) JURISDICTION.—A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this title or an order or regulation issued by the Secretary under this title. (b) REFERRAL TO ATTORNEY GENERAL.—^A civil action brought under subsection (a) shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this title, or an order or regulation issued under this title, if the Secretary believes that the administration and enforcement of this title would be adequately served by administrative action under subsection (c) or suitable written notice or warning to the person who committed or is committing the violation. (c) CIVIL PENALTIES AND ORDERS.— (1) CIVIL PENALTIES.— (A) IN GENERAL.— ^A person who violates a provision of this title, or an order or regulation issued by the Secretary under this title, or who fails or refuses to pay, collect, or remit any assessment or fee required of the person under an order or regulation issued under this title, may be assessed by the Secretary—

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