§ 6009. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC6009]
TITLE 7--AGRICULTURE
CHAPTER 89--PECAN PROMOTION AND RESEARCH
Sec. 6009. Enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating, this chapter or any plan or regulation issued under this
chapter.
(b) Referral to Attorney General
A civil action 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 or any plan or regulation issued under this chapter if the
Secretary believes that the administration and enforcement of this
chapter would be adequately served by administrative action under
subsection (c) of this section or by providing a suitable written notice
or warning to any person committing the violation.
(c) Civil penalties and orders
(1) Civil penalties
(A) In general
A person who willfully violates any provision of this
chapter or any plan or regulation issued under this chapter, or
who fails to pay, collect, or remit any assessment or fee
required of the person under this chapter or any plan or
regulation issued under this chapter, may be assessed by the
Secretary a civil penalty of not less than $1,000 nor more than
$10,000 for each such violation.
(B) Separate offense
Each violation described in subparagraph (A) shall be a
separate offense.
(2) Cease and desist orders
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.
(3) Notice and hearing
No penalty shall be assessed or cease and desist order 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 with respect to such violation.
(4) Finality
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 from the
Secretary's order in accordance with subsection (d) of this section.
(d) Review by district court
(1) Commencement of action
A person against whom a civil penalty is assessed or a cease and
desist order is issued under subsection (c) of this section may
obtain review of such penalty or order in the district court of the
United States for the district in which such person resides or does
business, or in the United States District Court for the District of
Columbia, by--
(A) filing, within the 30-day period beginning on the date
such penalty is assessed or order issued, a notice of appeal in
such court; and
(B) simultaneously sending a copy of the notice by certified
mail to the Secretary.
(2) Record
The Secretary shall promptly file in such court a certified copy
of the record on which the Secretary found that the person had
committed a 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 orders
Any person who fails to obey a cease and desist order after the
order has become final and unappealable, or after the appropriate
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 on the record and for judicial review under
the procedures specified in subsections (c) and (d) of this section, of
not more than $1,000 for each offense. Each day during which the failure
continues shall be considered a separate violation of such order.
(f) Failure to pay penalty
If a person fails to pay a civil penalty after it has become a final
and unappealable order issued by the Secretary, or after the appropriate
district court has entered a 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 in any district in which the person resides or conducts business.
In such action, the validity and appropriateness of such order imposing
such civil penalty shall not be subject to review.
(Pub. L. 101-624, title XIX, Sec. 1914, Nov. 28, 1990, 104 Stat. 3851.)
Section Referred to in Other Sections
This section is referred to in sections 6008, 6010 of this title.
