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U.S. Code as of:
01/03/05
Section 6207. Enforcement
(a) Jurisdiction
Each district court of the United States shall have 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 any person
committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
Any person who willfully 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 the person under the 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 order assessing a penalty or cease and desist order may be
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 before the
Secretary 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 such
order with the appropriate district court of the United States,
in accordance with subsection (d) of this section.
(d) Review by United States 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 in the district court of the United States for the
district in which such person resides or does business, or the
United States District Court for the District of Columbia, by -
(A) filing a notice of appeal in such court not later than 30
days after the date of such order; and
(B) simultaneously sending a copy of such 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 issued by
the Secretary 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 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 a final and unappealable order issued by the
Secretary, 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 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 the final order
imposing such civil penalty shall not be subject to review.
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