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U.S. Code as of:
01/03/05
Section 6009. Enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating, this chapter or any plan or regulation issued under this
chapter.
(b) Referral to Attorney General
A civil action to be brought under this section 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 or any plan or regulation issued under
this chapter if the Secretary believes that the administration and
enforcement of this chapter would be adequately served by
administrative action under subsection (c) of this section or by
providing a suitable written notice or warning to any person
committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
(A) In general
A person who willfully violates any provision of this chapter
or any plan or regulation issued under this chapter, or who
fails to pay, collect, or remit any assessment or fee required
of the person under this chapter or any plan or regulation
issued under this chapter, may be assessed by the Secretary a
civil penalty of not less than $1,000 nor more than $10,000 for
each such violation.
(B) Separate offense
Each violation described in subparagraph (A) shall be a
separate offense.
(2) Cease and desist orders
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 violation.
(3) Notice and hearing
No penalty shall be assessed or cease and desist order issued
by the Secretary under this subsection unless the Secretary gives
the person against whom the order is issued notice and
opportunity for a hearing on the record with respect to such
violation.
(4) Finality
The order of the Secretary assessing a penalty or imposing a
cease and desist order shall be final and conclusive unless the
person against whom the order is issued files an appeal from the
Secretary's order in accordance with subsection (d) of this
section.
(d) Review by district court
(1) Commencement of action
A person against whom a civil penalty is assessed or a cease
and desist order is issued under subsection (c) of this section
may obtain review of such penalty or order in the district court
of the United States for the district in which such person
resides or does business, or in the United States District Court
for the District of Columbia, by -
(A) filing, within the 30-day period beginning on the date
such penalty is assessed or order issued, a notice of appeal in
such court; and
(B) simultaneously sending a copy of the notice by certified
mail to the Secretary.
(2) Record
The Secretary shall promptly file in such court a certified
copy of the record on which the Secretary found that the person
had committed a violation.
(3) Standard of review
A finding of the Secretary shall be set aside only if the
finding is found to be unsupported by substantial evidence.
(e) Failure to obey orders
Any person who fails to obey a cease and desist order after the
order has become final and unappealable, or after the appropriate
district court 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 on the record and for
judicial review under the procedures specified in subsections (c)
and (d) of this section, of not more than $1,000 for each offense.
Each day during which the failure continues shall be considered a
separate violation of such order.
(f) Failure to pay penalty
If a person fails to pay a civil penalty after it has become a
final and unappealable order issued by the Secretary, or after the
appropriate district court has entered a final judgment in favor of
the Secretary, the Secretary shall refer the matter to the Attorney
General for recovery of the amount assessed in the district court
of the United States in any district in which the person resides or
conducts business. In such action, the validity and appropriateness
of such order imposing such civil penalty shall not be subject to
review.
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