Page:United States Statutes at Large Volume 123.djvu/1195

 123STA T . 11 75PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(d)MULTIP L EOF FE NS ES .—Inthecas e of a second o r s ub se q uent vi o l ation b y the sa m e p erson , the amount of the penalty assessed under subsection (c) may be doubled. (e) G ENE RA L EXC EPTI O N.— N othin g in subsection (a) shall apply to any person w ith respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this A ct. SEC.6307 .C IV I LP E NA L T IES. (a) IN GENERAL.— ( 1 ) H EARIN G .—A person who violates any prohibition con - tained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the S ecretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. ( 2 )A M OUNT OF PENALT Y .— T he amount of such penalty assessed under paragraph (1) shall be determined under regula- tions promulgated pursuant to this subtitle, ta k ing into account the following factors (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as deter- mined by the Secretary. ( B ) The cost of response, restoration, and repair of the resource and the paleontological site involved. ( C ) Any other factors considered relevant by the Sec- retary assessing the penalty. ( 3 ) MULTIPLE OFFENSES.—In the case of a second or subse- quent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. ( 4 ) L IMITATION.—The amount of any penalty assessed under this subsection for any 1 violation shall not e x ceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) P ETITION FOR J U D ICIAL R E V IE W; COLLECTION OF U NPAID ASSESSMENTS.— (1) JUDICIAL REVIEW.—Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for j udicial review of the order in the United States D istrict Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 3 0 -day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record consid- ered as a whole. (2) F AILURE TO PAY.—If any person fails to pay a penalty under this section within 30 days— (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment Records.D e a d lin es. Re gu la t ions. N oti f ication. 16USC470 aaa – 6.