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U.S. Code as of:
01/03/05
Section 6107. Enforcement
(a) Jurisdiction
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 made or issued
by the Secretary under this chapter.
(b) Referral to Attorney General
A civil action authorized 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 order 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 suitable written notice or warning to the person who
committed or is committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates a 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 the person under such order or regulation, 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.
(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 penalty is assessed or the order is
issued notice and opportunity for a hearing before the Secretary
with respect to such violation.
(4) Finality
The penalty assessed or cease and desist order issued under
this subsection shall be final and conclusive unless the person
against whom the penalty is assessed or the order is issued files
an appeal with the appropriate district court of the United
States in accordance with subsection (d) of this section.
(d) Review by district court
(1) Commencement of action
Any person against whom a violation is found and a civil
penalty assessed or cease and desist order issued under
subsection (c) of this section may obtain review of the penalty
or order by -
(A) filing, within the 30-day period beginning on the date
such penalty is assessed or order issued, a notice of appeal 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; 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
A person who fails to obey a cease and desist order after the
order has become final and unappealable, or after the appropriate
United States 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 and for judicial
review under the procedures specified in subsections (c) and (d) of
this section, of not more than $500 for each offense. Each day
during which such failure continues shall be considered as a
separate violation of such order.
(f) Failure to pay penalties
If a person fails to pay an assessment of a civil penalty after
it has become final and unappealable, or after the appropriate
United States district court 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 district court
in which the person resides or conducts business. In such action,
the validity and appropriateness of such civil penalty shall not be
subject to review.
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