7 U.S.C. § 2714 : US Code - Section 2714: Civil enforcement proceedings

Search 7 U.S.C. § 2714 : US Code - Section 2714: Civil enforcement proceedings

(a) Enforcement of orders by district court; referral of civil
actions to Attorney General
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
pursuant to this chapter. 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 he believes that the
administration and enforcement of the program would be adequately
served by administrative action pursuant to subsection (b) of this
section or suitable written notice or warning to any person
committing such violations.
(b) Civil penalty; review by court of appeals; noncompliance with
final order; referral to Attorney General
(1) Any person who violates any provisions of any order or
regulation issued by the Secretary pursuant to this chapter, or who
fails or refuses to pay, collect, or remit any assessment or fee
duly required of him 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 violation or 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 paragraph
(1) of this subsection may obtain review in the court of appeals of
the United States for the circuit in which such person resides or
has his place of 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 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
pursuant to the procedures specified in paragraphs (1) and (2) of
this subsection, 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 who shall recover 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.