Page:United States Statutes at Large Volume 88 Part 2.djvu/341

 88 STAT. ]

PUBLIC LAW 93-518-DEC. 7, 1974

1657

" (2) The person assessed shall be afforded an opportunity for agency Hearing. hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. The agency determination shall be made by final order subject to review only as provided in paragraph (3). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. "(3) Any person against whom an order imposing a civil money Judicial review. penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed. The findings of the Secretary shall be set aside if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. "(4) If any person fails to pay an assessment after it has become Assessments, a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. "(5) All penalties collected under authority of this section shall be paid into the Treasury of the United States. "(c) Notwithstanding subsections (a) and (b) of this section, any Penalty. farm labor contractor who commits a violation of subsection 6(f) of the Act or any regulations promulgated thereunder shall upon ^"'^' P- i^ss. conviction be fined not to exceed $10,000 or sentenced to a prison term not to exceed three years, or both, if the person committing such violation has failed to obtain a certificate of registration pursuant to this Act or is one whose certificate has been suspended or revoked by the Secretary." SEC. 14. (a) The Farm Labor Contractor Registration Act of 1963 is amended by redesignating sections 12, 13, and 14 thereof as sec- 2053^^*^ ^°^^ tions 15, 16, and 17, respectively, and by inserting after section 11 the following: u CIVIL RELIEF

"SEC. 12. (a) Any person claiming to be aggrieved by the violation of any provision of this Act or any regulation prescribed hereunder may file suit in any district court of the United States having jurisdiction of the parties without respect to the amount in controversy or without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. "(b) Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the

7 USC 2050a.

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