7 U.S.C. § 2621 : US Code - Section 2621: Enforcement

Search 7 U.S.C. § 2621 : US Code - Section 2621: Enforcement

(a) Jurisdiction of United States district courts; administrative
action
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 plan or regulation made or issued
under this chapter. The facts relating to any civil action
authorized to be brought under this subsection shall be referred to
the Attorney General for appropriate action: Provided, That nothing
in this chapter shall be construed as requiring the Secretary to
refer to the Attorney General violations of this chapter whenever
the Secretary believes that the administration and enforcement of
any such plan or regulation would be adequately served by
administrative action under subsection (b) of this section or
suitable written notice or warning to any person committing such
violations.
(b) Civil penalties; cease and desist orders; appeal; failure to
comply with order or assessment; further proceedings and
penalties
(1) Any person who violates any provision of any plan 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 such person thereunder, may be assessed a civil penalty
by the Secretary of not less than $500 or more than $5,000 for each
such violation. Each violation shall be a separate offense. 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 violations. No penalty shall be assessed or cease
and desist order issued unless such person is given notice and
opportunity for a hearing before the Secretary with respect to such
violation, and 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 United States court of appeals.
(2) Any person against whom a violation is found and a civil
penalty assessed or cease and desist order issued under subsection
(b)(1) of this section may obtain review in the court of appeals of
the United States for the circuit in which such person resides or
carries on business or in the United States Court of Appeals for
the District of Columbia Circuit by filing a notice of appeal in
such court within thirty days from the date of such order and by
simultaneously sending a copy of such notice by certified mail to
the Secretary. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was found.
The findings of the Secretary shall be set aside only if found to
be unsupported by substantial evidence.
(3) Any person who fails to obey a cease and desist order after
it has become final and unappealable, or after the appropriate
court of appeals 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 (b)(1) and (2) of
this section, of not more than $500 for each offense, and each day
during which such failure continues shall be deemed a separate
offense.
(4) 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 court of appeals 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 appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.