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U.S. Code as of:
01/03/05
Section 4815. Enforcement
(a) Jurisdiction of district court; referral of civil actions to
Attorney General
(1) A district court of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating an order, rule, or regulation issued under this chapter.
(2) A civil action authorized to be brought under this subsection
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 chapter if the Secretary believes that
the administration and enforcement of this chapter would be
adequately served by providing a suitable written notice or warning
to a person who committed such violation or by administrative
action under subsection (b) of this section.
(b) Penalties for willful violations; issuance of cease-and-desist
orders; judicial review of orders; penalty for failure to obey
cease-and-desist order
(1)(A) A person who willfully violates an order, rule, or
regulation issued by the Secretary under this chapter may be
assessed -
(i) a civil penalty by the Secretary of not more than $1,000
for each such violation; and
(ii) in the case of a willful failure to pay, collect, or remit
an assessment as required by an order, an additional penalty
equal to the amount of such assessment.
(B) Each such violation shall be a separate offense.
(C) In addition to or in lieu of such civil penalty, the
Secretary may issue an order requiring such person to cease and
desist from violating such order, rule, or regulation.
(D) No penalty may be assessed or cease-and-desist order issued
unless the Secretary gives such person notice and opportunity for a
hearing on the record with respect to such violation.
(E) An order issued under this paragraph by the Secretary shall
be final and conclusive unless such person files an appeal from
such order with the appropriate United States court of appeals not
later than 30 days after such person receives notice of such order.
(2)(A) A person against whom an order is issued under paragraph
(1) may obtain review of such order in the court of appeals of the
United States for the circuit in which such person resides or does
business, or in the United States Court of Appeals for the District
of Columbia Circuit, by -
(i) filing a notice of appeal in such court not later than 30
days after the date of such order; and
(ii) simultaneously sending a copy of such notice by certified
mail to the Secretary.
(B) The Secretary shall file promptly in such court a certified
copy of the record on which such violation was found.
(C) A finding of the Secretary shall be set aside only if the
finding is found to be unsupported by substantial evidence.
(3)(A) A person who fails to obey a valid cease-and-desist order
issued under paragraph (1) by the Secretary, after an opportunity
for a hearing, shall be subject to a civil penalty assessed by the
Secretary of not more than $500 for each offense.
(B) Each day during which such failure continues shall be
considered a separate violation of such order.
(4)(A) If a person fails to pay a valid civil penalty imposed
under this subsection by the Secretary, the Secretary shall refer
the matter to the Attorney General for recovery of the amount
assessed in an appropriate district court of the United States.
(B) In such action, the validity and appropriateness of the order
imposing such civil penalty shall not be subject to review.
(c) Availability of additional remedies
The remedies provided in subsections (a) and (b) of this section
shall be in addition to, and not exclusive of, other remedies that
may be available.
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