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U.S. Code as of:
01/03/05
Section 4910. Enforcement
(a) 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 plan or regulation made or
issued under this chapter. The facts relating to any civil action
that may be brought under this subsection shall be referred to the
Attorney General for appropriate action, except that 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 the
plan 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 the violations.
(b)(1) Any person who violates any provision of any plan or
regulation issued by the Secretary under this chapter, or who fails
or refuses to pay, collect, or remit any assessment or fee required
of the person thereunder, may be assessed a civil penalty by the
Secretary of not less than $500 nor more than $5,000 for each
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 the person to cease and desist from continuing the
violation. No penalty shall be assessed nor cease and desist order
issued unless the person is given notice and opportunity for a
hearing before the Secretary with respect to the violation. The
order of the Secretary assessing a penalty or imposing a cease and
desist order shall be final and conclusive unless the person
affected by the order 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 after the date of the order and by simultaneously
sending a copy of the notice by certified mail to the Secretary.
The Secretary shall promptly file in such court a certified copy of
the record on which the 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. Each day during which the 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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