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U.S. Code as of:
01/03/05
Section 7107. Enforcement
(a) Jurisdiction
Each district court of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating, an order or regulation 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, 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 the violation or by an administrative action
under section 7106 of this title.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates an order or regulation issued
by the Secretary under this chapter may be assessed by the
Secretary -
(A) a civil penalty of not more than $1,000 for each such
violation; and
(B) in the case of a willful failure to pay, collect, or
remit an assessment as required by the order, an additional
penalty equal to the amount of the assessment.
(2) Separate offense
Each violation shall be a separate offense.
(3) Cease-and-desist orders
In addition to, or in lieu of, the civil penalty, the Secretary
may issue an order requiring the person to cease and desist from
violating the order or regulation.
(4) 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 provides notice and an opportunity for a hearing on the
record with respect to the violation.
(5) Finality
An order assessing a penalty or a cease-and-desist order issued
under this subsection by the Secretary shall be final and
conclusive unless the person against whom the order is issued
files an appeal from the order with the United States court of
appeals, as provided in subsection (d) of this section, not later
than 30 days after the person receives notice of the order.
(d) Review by court of appeals
(1) In general
A person against whom an order is issued under subsection (c)
of this section may obtain review of the order by -
(A) filing, not later than 30 days after the date of the
order, a notice of appeal in -
(i) the United States court of appeals for the circuit in
which the person resides or carries on business; or
(ii) the United States Court of Appeals for the District of
Columbia Circuit; and
(B) simultaneously sending a copy of the notice of appeal by
certified mail to the Secretary.
(2) Record
The Secretary shall file promptly in the court a certified copy
of the record on which the Secretary has determined that the
person has committed a violation.
(3) Standard of review
A finding of the Secretary under this section 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 valid cease-and-desist order issued
by the Secretary under this section, after an opportunity for a
hearing, shall be subject to a civil penalty assessed by the
Secretary of not more than $500 for each offense. Each day during
which the failure continues shall be considered to be a separate
violation of the order.
(f) Failure to pay penalties
If a person fails to pay a valid civil penalty imposed under this
section by 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 for any district in which the
person resides or carries on business. In the action, the validity
and appropriateness of the order imposing the civil penalty shall
not be subject to review.
(g) Additional remedies
The remedies provided in this section shall be in addition to,
and not exclusive of, other remedies that may be available.
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