(a) Jurisdiction of district court; referral of civil actions to Attorney General
(2)
A civil action authorized to be brought under this subsection 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 a person who committed such violation or by administrative action under subsection (b).
(b) Penalties for willful violations; issuance of cease-and-desist orders; judicial review of orders; penalty for failure to obey cease-and-desist order
(1)
(A) A person who willfully violates an order, rule, or regulation issued by the Secretary under this chapter may be assessed—
(ii)
in the case of a willful failure to pay, collect, or remit an assessment as required by an order, an additional penalty equal to the amount of such assessment.
(2)
(A) A person against whom an order is issued under paragraph (1) may obtain review of such order in the court of appeals of the United States for the circuit in which such person resides or does business, or in the United States Court of Appeals for the District of Columbia Circuit, by—
(i)
filing a notice of appeal in such court not later than 30 days after the date of such order; and
(B)
The Secretary shall file promptly in such court a certified copy of the record on which such violation was found.
(C)
A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.
(3)
(B)
Each day during which such failure continues shall be considered a separate violation of such order.
(4)
(B)
In such action, the validity and appropriateness of the order imposing such civil penalty shall not be subject to review.