ries of Government employees associated with con-
ducting a referendum under subsections (a) and (b).
(2) DATE.—Each referendum shall be con-
ducted for a reasonable period of time not to exceed
3 days, established by the Secretary, under a proce-
dure under which producers intending to vote in the
referendum shall certify that the producers were en-
gaged in the production of canola, rapeseed, or
canola or rapeseed products during the representa-
tive period and, at the same time, shall be provided
an opportunity to vote in the referendum.
SEC. 8. PETITION AND REVIEW.
(a) PETITION.—
(1) IN GENERAL.—A person subject to an order
issued under this Act may file with the Secretary a
petition—
(A) stating that the order, a provision of
the order, or an obligation imposed in connec-
tion with the order is not established in accord-
ance with law; and
(B) requesting a modification of the order
or an exemption from the order.
(2) HEARINGS.—The petitioner shall be given
the opportunity for a hearing on a petition filed
under paragraph (1), in accordance with regulations
issued by the Secretary.
(3) RULING.—After a hearing under paragraph
(2), the Secretary shall make a ruling on the peti-
tion that is the subject of the hearing, which shall
be final if the ruling is in accordance with applicable
law.
(b) REVIEW.—
(1) COMMENCEMENT OF ACTION.—The district
court of the United States in any district in which
the person who is a petitioner under subsection (a)
resides or carries on business shall have jurisdiction
to review a ruling on the petition, if a complaint is
filed by the person not later than 20 days after the
date of the entry of a ruling by the Secretary under
subsection (a)(3).
(2) PROCESS.—Service of process in a proceed-
ing under paragraph (1) shall be conducted in ac-
cordance with the Federal Rules of Civil Procedure.
(3) REMANDS.—If the court determines, under
paragraph (1), that a ruling issued under subsection
(a)(3) is not in accordance with applicable law, the
court shall remand the matter to the Secretary with
directions either—
(A) to make such ruling as the court shall
determine to be in accordance with law; or
(B) to take such further proceedings as, in
the opinion of the court, the law requires.
(4) ENFORCEMENT.—The pendency of proceed-
ings instituted under subsection (a) shall not im-
pede, hinder, or delay the Attorney General or the
Secretary from taking any action under section 9.
SEC. 9. ENFORCEMENT.
(a) JURISDICTION.—The district courts of the United
States are vested with jurisdiction specifically to enforce,
and to prevent and restrain any person from violating, an
order or regulation made or issued under this Act.
(b) REFERRAL TO ATTORNEY GENERAL.—A civil ac-
tion authorized to be commenced under this section shall
be referred to the Attorney General for appropriate action,
except that the Secretary shall not be required to refer
to the Attorney General a violation of this Act if the Sec-
retary believes that the administration and enforcement
of this Act would be adequately served by providing a suit-
able written notice or warning to the person who commit-
ted the violation or by administrative action under
section 8.
(c) CIVIL PENALTIES AND ORDERS.—
(1) CIVIL PENALTIES.—
(A) IN GENERAL.—Any person who will-
fully violates any provision of an order or regu-
lation issued by the Secretary under this Act, or
who fails or refuses to pay, collect, or remit an
assessment or fee required of the person under
an order or regulation, may be assessed—
(i) a civil penalty by the Secretary of
not more than $1,000 for each violation;
and
(ii) in the case of a willful failure to
pay, collect, or remit an assessment as re-
quired by an order or regulation, an addi-
tional penalty equal to the amount of the
assessment.
(B) SEPARATE OFFENSE.—Each violation
under subparagraph (A) shall be a separate of-
fense.
(2) CEASE-AND-DESIST
ORDERS.—In addition
to, or in lieu of, a civil penalty under paragraph (1),
the Secretary may issue an order requiring a person
to cease and desist from continuing a violation.
(3) NOTICE AND HEARING.—No penalty shall
be assessed, or cease-and-desist order issued, by the
Secretary under this subsection unless the person
against whom the penalty is assessed or the order is
issued is given notice and opportunity for a hearing
before the Secretary with respect to the violation.
(4) FINALITY.—The order of the Secretary as-
sessing a penalty or imposing a cease-and-desist
order under this subsection shall be final and conclu-
sive unless the affected person files an appeal of the
order with the appropriate district court of the
United States in accordance with subsection (d).
(d) REVIEW BY DISTRICT COURT.—
(1) COMMENCEMENT OF ACTION.—Any person
who has been determined to be in violation of this
Act, or against whom a civil penalty has been as-
sessed or a cease-and-desist order issued under sub-
section (c), may obtain review of the penalty or
order by—
(A) filing, within the 30-day period begin-
ning on the date the penalty is assessed or
order issued, a notice of appeal in—
(i) the district court of the United
States for the district in which the person
resides or conducts business; or
(ii) the United States District Court
for the District of Columbia; and
(B) simultaneously sending a copy of the
notice by certified mail to the Secretary.
(2) RECORD.—The Secretary shall file prompt-
ly, in the appropriate court referred to in paragraph
(1), a certified copy of the record on which the Sec-
retary has determined that the person has commit-
ted 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 substan-
tial evidence.
(e) FAILURE TO OBEY ORDERS.—Any person who
fails to obey a cease-and-desist order issued under this sec-
tion 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 not more than $5,000 for each offense. Each day during
which the failure continues shall be considered as a sepa-
rate violation of the order.
(f) FAILURE TO PAY PENALTIES.—If a person fails
to pay an assessment of a civil penalty under this section
after the assessment has become a final and unappealable
order, 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
in which the person resides or conducts business. In an
action for recovery, the validity and appropriateness of the
final order imposing 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.
SEC. 10. INVESTIGATIONS AND POWER TO SUBPOENA.
(a) INVESTIGATIONS.—The Secretary may make such
investigations as the Secretary considers necessary—
(1) for the effective administration of this Act;
and
(2) to determine whether any person has en-
gaged or is engaging in an act that constitutes a vio-
lation of this Act, or an order, rule, or regulation is-
sued under this Act.
(b) SUBPOENAS, OATHS, AND AFFIRMATIONS.—
(1) IN GENERAL.—For the purpose of an inves-
tigation under subsection (a), the Secretary may ad-
minister oaths and affirmations, and issue subpoe-
nas to require the production of any records that are
relevant to the inquiry.
(2) ADMINISTRATIVE HEARINGS.—For the pur-
pose of an administrative hearing held under section
8 or 9, the presiding officer is authorized to admin-
ister oaths and affirmations, subpoena and compel
the attendance of witnesses, take evidence, and re-
quire the production of any records that are relevant
to the inquiry. The attendance of witnesses and the
production of records may be required from any
place in the United States.
(c) AID OF COURTS.—In the case of contumacy by,
or refusal to obey a subpoena issued to, any person, the
Secretary may invoke the aid of any court of the United
States within the jurisdiction of which the investigation
or proceeding is carried on, or where the person resides
or carries on business, in order to enforce a subpoena is-
sued by the Secretary under subsection (b). The court may
issue an order requiring the person to comply with the
subpoena.
(d) CONTEMPT.—A failure to obey an order of the
court under this section may be punished by the court as
contempt of the court.
(e) PROCESS.—Process may be served on a person
in the judicial district in which the person resides or con-
ducts business or wherever the person may be found.
(f) HEARING SITE.—The site of a hearing held under
section 8 or 9 shall be in the judicial district where the
person affected by the hearing resides or has a principal
place of business.
SEC. 11. SUSPENSION OR TERMINATION OF AN ORDER.
The Secretary shall, whenever the Secretary finds
that an order or a provision of an order obstructs or does
not tend to effectuate the declared policy of this Act, ter-
minate or suspend the operation of the order or provision.
The termination or suspension of an order shall not be
considered an order within the meaning of this Act.
SEC. 12. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this Act, including regulations relating
to the assessment of late payment charges.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for each fiscal year such sums as are necessary
to carry out this Act.
(b) ADMINISTRATIVE
EXPENSES.—Funds appro-
priated under subsection (a) shall not be available for pay-
ment of the expenses or expenditures of the Board in ad-
ministering a provision of an order issued under this Act.
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