‘‘(1) IN GENERAL.—A determination and order
of the Secretary with respect to the refusal or with-
drawal of inspection under this section shall be final
and conclusive unless, not later than 30 days after
the effective date of the order, the affected applicant
for, or recipient of, inspection—
‘‘(A) files a petition for judicial review of
the order; and
‘‘(B) simultaneously sends a copy of the
petition by certified mail to the Secretary.
‘‘(2) REFUSAL
OR
WITHDRAWAL
OF
INSPEC-
TION PENDING REVIEW.—Inspection shall be refused
or withdrawn as of the effective date of the order
pending any judicial review of the order unless the
Secretary directs otherwise.
‘‘(3) VENUE; RECORD.—Judicial review of the
order shall be—
‘‘(A) in—
‘‘(i) the United States court of ap-
peals for the circuit in which the applicant
for, or recipient of, inspection resides or
has its principal place of business; or
‘‘(ii) the United States Court of Ap-
peals for the District of Columbia; and
‘‘(B) on the record on which the deter-
mination and order are based.
‘‘(d) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to any other rem-
edies that may be available.
‘‘SEC. 33. CIVIL PENALTIES.
‘‘(a) IN GENERAL.—
‘‘(1) ASSESSMENT.—The Secretary may assess
a civil penalty against a person that violates this Act
(including a regulation promulgated or order issued
under this Act) of not more than $100,000 for each
violation.
‘‘(2) SEPARATE
OFFENSES.—Each violation
and each day during which a violation continues
shall be a separate offense.
‘‘(3) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—The Secretary shall not assess a civil penalty
under this section against a person unless the person
is given notice and opportunity for a hearing on the
record before the Secretary in accordance with sec-
tions 554 and 556 of title 5, United States Code.
‘‘(4) AMOUNT.—The amount of a civil penalty
under this section shall be—
‘‘(A) assessed by the Secretary by written
order, taking into account—
‘‘(i) the gravity of the violation;
‘‘(ii) the degree of culpability;
‘‘(iii) the size and type of the busi-
ness; and
‘‘(iv) any history of prior offenses
under this Act; and
‘‘(B) reviewed only in accordance with sub-
section (b).
‘‘(b) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—An order assessing a civil
penalty against a person under subsection (a) shall
be final and conclusive unless the person—
‘‘(A) not later than 30 days after the effec-
tive date of the order, files a petition for judi-
cial review in—
‘‘(i) the United States court of ap-
peals for the circuit in which the person re-
sides or has its principal place of business;
or
‘‘(ii) the United States Court of Ap-
peals for the District of Columbia; and
‘‘(B) simultaneously sends a copy of the
petition by certified mail to the Secretary.
‘‘(2) RECORD.—The Secretary shall promptly
file in the court a certified copy of the record on
which the violation was found and the civil penalty
assessed.
‘‘(c) COLLECTION ACTION FOR FAILURE TO PAY AS-
SESSMENT.—
‘‘(1) REFERRAL TO ATTORNEY GENERAL.—If a
person fails to pay a civil penalty after the order as-
sessing the civil penalty has become final and
unappealable, the Secretary shall refer the matter to
the Attorney General.
‘‘(2) ACTION
BY
ATTORNEY
GENERAL.—The
Attorney General shall bring a civil action to recover
the amount of the civil penalty in United States dis-
trict court.
‘‘(3) SCOPE OF REVIEW.—In the collection ac-
tion, the validity and appropriateness of the order of
the Secretary imposing the civil penalty shall not be
subject to review.
‘‘(d) REFUSAL
OR WITHDRAWAL
OF INSPECTION
PENDING PAYMENT.—If a person fails to pay the amount
of a civil penalty after the order assessing the civil penalty
becomes final and unappealable, the Secretary may refuse
to provide or withdraw inspection under this Act of the
person until the civil penalty is paid or until the Secretary
directs otherwise.
‘‘(e) PENALTIES IN LIEU OF OTHER ACTIONS.—
Nothing in this Act requires the Secretary to report for
prosecution, or for the institution of an action, a violation
of this Act if the Secretary believes that the public interest
will be adequately served by assessment of a civil penalty.
‘‘(f) ADDITIONAL REMEDIES.—The remedies pro-
vided in this section shall be in addition to any other rem-
edies that may be available.’’.
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