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U.S. Code as of:
01/03/05
Section 6411. 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
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 providing a suitable written notice or warning to the
person who committed such violation or by administrative action
under subsection (c) of this section.
(c) Civil penalties and orders
(1) Civil penalties
Any person who 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 regulations, may
be assessed -
(A) a civil penalty by the Secretary of not less than $500
nor more than $5,000 for each such violation; or
(B) in the case of a willful failure or refusal to pay,
collect, or remit any assessment or fee duly required of the
person under this chapter or a regulation issued under this
chapter, a civil penalty by the Secretary of not less than
$10,000 nor more than $100,000 for each such violation.
Each violation shall be a separate offense.
(2) Cease-and-desist orders
In addition to, or in lieu of, a civil penalty, the Secretary
may issue an order requiring the 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 unless the person against whom the penalty is
assessed or the order issued is given notice and opportunity for
a hearing 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
affected person files an appeal from the Secretary's order 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
the penalty is assessed or order issued, a notice of appeal in
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(i) the district court of the United States for the
district in which the person resides or carries on business;
or
(ii) 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 file promptly 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
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 $5,000 for each offense. Each day
during which the failure continues shall be considered as a
separate violation of such order.
(f) Failure to pay penalties
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 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 in which the person resides or conducts business. In
the action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(g) Additional remedies
The remedies provided in this chapter shall be in addition to,
and not exclusive of, other remedies that may be available.
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