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U.S. Code as of:
01/03/05
Section 4610. Enforcement
(a) District courts; jurisdiction; Attorney General
The several district courts of the United States are vested with
jurisdiction specifically to enforce, and to prevent and restrain
any person from violating, any order or regulation issued under
this chapter. The facts relating to any civil action authorized to
be brought under this subsection shall be referred to the Attorney
General for appropriate action. Nothing in this chapter shall be
construed as requiring the Secretary to refer to the Attorney
General violations of this chapter whenever the Secretary believes
that the administration and enforcement of any such order or
regulation would be adequately served by administrative action
under subsection (b) of this section or suitable written notice or
warning to any person committing such violations.
(b) Civil penalties; notice and hearing; review; courts of appeals;
cease and desist orders; failure to obey; Attorney General
(1) Any person who violates any provision of any order or
regulation issued by the Secretary under this chapter, or who fails
or refuses to pay, collect, or remit any assessment or fee duly
required of such person thereunder, may be assessed a civil penalty
by the Secretary of not less than $500 nor more than $5,000 for
each such violation. Each violation shall be a separate offense. In
addition to or in lieu of such civil penalty the Secretary may
issue an order requiring such person to cease and desist from
continuing such violations. No penalty shall be assessed or cease
and desist order issued unless such person is given notice and
opportunity for a hearing before the Secretary with respect to such
violation, and the order of the Secretary assessing a penalty or
imposing a cease and desist order shall be final and conclusive
unless the affected person files an appeal from the Secretary's
order with the appropriate United States court of appeals.
(2) Any person against whom a violation is found and a civil
penalty assessed or cease and desist order issued under paragraph
(1) may obtain review in the court of appeals of the United States
for the circuit in which such person resides or carries on business
or in the United States Court of Appeals for the District of
Columbia Circuit by filing a notice of appeal in such court within
thirty days from the date of such order and by simultaneously
sending a copy of such notice by certified mail to the Secretary.
The Secretary shall promptly file in such court a certified copy of
the record upon which such violation was found. The findings of the
Secretary shall be set aside only if found to be unsupported by
substantial evidence.
(3) Any person who fails to obey a cease and desist order after
it has become final and unappealable, or after the appropriate
court of appeals has entered a final judgment in favor of the
Secretary, shall be subject to a civil penalty assessed by the
Secretary, after opportunity for a hearing and for judicial review
under the procedures specified in paragraphs (1) and (2) of not
more than $500 for each offense, and each day during which such
failure continues shall be deemed a separate offense.
(4) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court of appeals has entered final judgment in favor of
the Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in any appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.
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