§ 6207. — 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: 7USC6207]
TITLE 7--AGRICULTURE
CHAPTER 91--LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
Sec. 6207. Enforcement
(a) Jurisdiction
Each 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 chapter.
(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 chapter, or any order 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 suitable written notice or warning to
any 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 chapter, 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 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 order assessing a 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 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 such
order with 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 order in the
district court of the United States for the district in which such
person resides or does business, or the United States District Court
for the District of Columbia, by--
(A) filing a notice of appeal in such court not later than
30 days after the date of such order; and
(B) simultaneously sending a copy of such 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 issued by the
Secretary after the 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 such failure continues shall be considered a separate
violation of such order.
(f) Failure to pay penalties
If a person fails to pay an assessment of a civil penalty after it
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 in any district in which the person
resides or conducts business. In such action, the validity and
appropriateness of the final order imposing such civil penalty shall not
be subject to review.
(Pub. L. 101-624, title XIX, Sec. 1958, Nov. 28, 1990, 104 Stat. 3877;
Pub. L. 102-237, title VIII, Sec. 805(2), Dec. 13, 1991, 105 Stat.
1882.)
Amendments
1991--Subsec. (d)(1). Pub. L. 102-237 substituted ``United States
District Court'' for ``United States district court''.
Section Referred to in Other Sections
This section is referred to in sections 6206, 6208 of this title.
