Page:United States Statutes at Large Volume 107 Part 3.djvu/349

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PUBLIC LAW 103-190—DEC. 14, 1993 107 STAT. 2287 violation. Any such hearing shall be conducted in accordance with section 10(b)(2) and shall be held within the United States judicial district in which the residence or principal place of business of the person is located. (4) FINALITY.— The penalty assessed or cease and desist order issued under this subsection shall be final and conclusive unless the person against whom the penalty is assessed or the order is issued files an appeal with the appropriate district court of the United States in accordance with subsection (d). (d) REVIEW BY DISTRICT COURT.— (1) COMMENCEMENT OF ACTION.— (A) IN GENERAL.— Any person against whom a violation is found and a civil penalty is assessed or a cease and desist order is issued under subsection (c) may obtain review of the penalty or order by, within the 30-day period beginning on the date the penalty is assessed or order issued— (i) filing a notice of appeal in the district court of the United States for the district in which the person resides or conducts business, or in the United States District Court for the District of Columbia; and (ii) sending a copy of the notice by certified mail to the Secretary. (B) COPY OF RECORD.—The Secretary shall promptly file in the couri; a certified copy of the record on which the Secretary found that the person had conunitted a violation. (2) STANDARD OF REVIEW. — A finding of the Secretary shall be set aside under this subsection only if the finding is found to be unsupported by substantial evidence. (e) FAILURE TO OBEY AN ORDER. — (1) IN GENERAL.—^A person who fails to obey a cease and desist order issued under subsection (c) after the order has become final and unappealable, or after the appropriate United States district court nas entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary of not more than $5,000 for each offense, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d). (2) SEPARATE VIOLATIONS.—Each day during which the person fails to obey an order described in paragraph (1) shall be considered as a separate violation of the order. (f) FAILURE TO PAY A PENALTY.— (1) IN GENERAL.— I f a person fails to pay a civil penalty assessed under subsection (c) or (e) after the penalty has become final and unappealable, 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 any United States district couri. in which the person resides or conducts business. (2) SCOPE OF REVIEW. —In an action by the Attorney (General under paragraph (1), the validity and appropriateness of the civil penalty shall not be subject to review. (g) ADDITIONAL REMEDIES. —The remedies provided in this Act shall be in addition to, and not exclusive of, other remedies that may be available.