A 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 subchapter.
(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 subchapter, or any order or regulation issued
under this subchapter, if the Secretary believes that the
administration and enforcement of this subchapter would be
adequately served by administrative action under subsection (c) of
this section or suitable written notice or warning to the 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 subchapter, 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 the civil penalty, the Secretary
may issue an order requiring the person to cease and desist from
continuing the violation.
(3) Notice and hearing
No order assessing a civil 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 the violation.
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 of the
order in 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 cease-and-desist order in the district court of the United
States for the district in which the person resides or carries on
business, or the United States District Court for the District of
Columbia, by -
(A) filing a notice of appeal in the court not later than 30
days after the date on which the penalty is assessed or cease-
and-desist order issued; and
(B) simultaneously sending a copy of the notice by certified
mail to the Secretary.
The Secretary shall promptly file in the court a certified copy
of the record on which the Secretary found that the person
committed the 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 cease-and-desist orders
Any person who fails to obey a cease-and-desist order issued by
the Secretary after the cease-and-desist 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 the
failure continues shall be considered a separate violation of the
(f) Failure to pay penalties
If a person fails to pay an assessment of a civil penalty after
the assessment 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 for any district in which the person resides or carries on
business. In an action for recovery, the validity and
appropriateness of the final order imposing the civil penalty shall
not be subject to review.