Page:United States Statutes at Large Volume 114 Part 2.djvu/908

 114 STAT. 1549A-94 PUBLIC LAW 106-387—APPENDIX (i) a civil penedty of not less than $1,000 nor more than $10,000 for each violation; and (ii) in the case of a willful failure to remit an assessment as required by an order or regulation, an additional penalty equal to the amount of the assessment. (B) SEPARATE OFFENSES. — Each violation shall be a separate offense. (2) CEASE AND DESIST ORDERS. —In addition to or in lieu of a civil penalty under paragraph (1), the Secretary may issue an order requiring a person to cease and desist from continuing a violation of this title, or an order or regulation issued under this title. (3) NOTICE AND HEARING.—No penalty shall be assessed, or cease and desist order issued, by the Secretary under this subsection unless the Secretary gives the person against whom the penalty is assessed or the order is issued notice and opportunity for a hearing before the Secretary with respect to the violation. Any such hearing shall be conducted in accordance with section 1209(b)(2) and shall be held within the United States judicial district in which the residence or principal place of business of the person is located. (4) FINALITY.— The penalty assessed or cease and desist order issued under this subsection shall be final and conclusive unless the person against whom the penalty is assessed or the order is issued files an appeal with the appropriate district court of the United States in accordance with subsection (d). (d) REVIEW BY DISTRICT COURT. — (1) COMMENCEMENT OF ACTION.— (A) IN GENERAL.— Any person against whom a violation is found and a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review of the penalty or order by, within the 30-day period beginning on the date the penalty is assessed or the order is issued— (i) filing a notice of appeal in the district court of the United States for the district in which the person resides or conducts business, or in the United States District Court for the District of Columbia; and (ii) sending a copy of the notice by certified mail to the Secretary. (B) COPY OF RECORD.— The Secretary shall promptly file in the court a certified copy of the record on which the Secretary found that the person had committed a violation. (2) STANDARD OF REVIEW.—^A finding of the Secretary shall be set aside under this subsection only if the finding is found to be unsupported by substantial evidence. (e) FAILURE TO OBEY AN ORDER. — (1) IN GENERAL.—^A person who fails to obey a cease and desist order issued under subsection (c) after the order has become final and unappealable, or after the appropriate United States district court had entered a final judgment in favor of the Secretary of not more than $10,000 for each offense, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d).

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