§ 7107. — 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: 7USC7107]
TITLE 7--AGRICULTURE
CHAPTER 99--SHEEP PROMOTION, RESEARCH, AND INFORMATION
Sec. 7107. Enforcement
(a) Jurisdiction
Each district court of the United States shall have jurisdiction
specifically to enforce, and to prevent and restrain a person from
violating, an order or regulation issued 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, if the Secretary believes that the administration and
enforcement of this chapter would be adequately served by providing a
suitable written notice or warning to the person who committed the
violation or by an administrative action under section 7106 of this
title.
(c) Civil penalties and orders
(1) Civil penalties
A person who willfully violates an order or regulation issued by
the Secretary under this chapter may be assessed by the Secretary--
(A) a civil penalty of not more than $1,000 for each such
violation; and
(B) in the case of a willful failure to pay, collect, or
remit an assessment as required by the order, an additional
penalty equal to the amount of the assessment.
(2) Separate offense
Each violation shall be a separate offense.
(3) Cease-and-desist orders
In addition to, or in lieu of, the civil penalty, the Secretary
may issue an order requiring the person to cease and desist from
violating the order or regulation.
(4) 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
provides notice and an opportunity for a hearing on the record with
respect to the violation.
(5) Finality
An order assessing a penalty or a cease-and-desist order issued
under this subsection by the Secretary shall be final and conclusive
unless the person against whom the order is issued files an appeal
from the order with the United States court of appeals, as provided
in subsection (d) of this section, not later than 30 days after the
person receives notice of the order.
(d) Review by court of appeals
(1) In general
A person against whom an order is issued under subsection (c) of
this section may obtain review of the order by--
(A) filing, not later than 30 days after the date of the
order, a notice of appeal in--
(i) the United States court of appeals for the circuit
in which the person resides or carries on business; or
(ii) the United States Court of Appeals for the District
of Columbia Circuit; and
(B) simultaneously sending a copy of the notice of appeal by
certified mail to the Secretary.
(2) Record
The Secretary shall file promptly in the court a certified copy
of the record on which the Secretary has determined that the person
has committed a violation.
(3) Standard of review
A finding of the Secretary under this section shall be set aside
only if the finding is found to be unsupported by substantial
evidence.
(e) Failure to obey orders
A person who fails to obey a valid cease-and-desist order issued by
the Secretary under this section, after an opportunity for a hearing,
shall be subject to a civil penalty assessed by the Secretary of not
more than $500 for each offense. Each day during which the failure
continues shall be considered to be a separate violation of the order.
(f) Failure to pay penalties
If a person fails to pay a valid civil penalty imposed under this
section by 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 for any district in which the person resides
or carries on business. In the action, the validity and appropriateness
of the order imposing the civil penalty shall not be subject to review.
(g) Additional remedies
The remedies provided in this section shall be in addition to, and
not exclusive of, other remedies that may be available.
(Pub. L. 103-407, Sec. 8, Oct. 22, 1994, 108 Stat. 4224.)
