---
kind: "range"
citation: "7 U.S.C. §§ 6410–6412"
title: "7"
from: "6410"
to: "6412"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/7/6410..6412"
---

# §6410. Petition and review

- (a) **Petition—**
  - (1) **In general—** A [person](/usc/7/1471g.md?p=b-1) subject to an [order](/usc/7/2902.md?p=10) issued under this chapter may file with the [Secretary](/usc/7/6402.md?p=7) a petition—
    - (A) stating that the [order](/usc/7/2902.md?p=10), any provision of the [order](/usc/7/2902.md?p=10), or any obligation imposed in connection with the [order](/usc/7/2902.md?p=10) is not established in accordance with law; and
    - (B) requesting a modification of the [order](/usc/7/2902.md?p=10) or an exemption from the [order](/usc/7/2902.md?p=10).
  - (2) **Hearings—** The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the [Secretary](/usc/7/6402.md?p=7).
  - (3) **Ruling—** After the hearing, the [Secretary](/usc/7/6402.md?p=7) shall make a ruling on the petition, which shall be final if in accordance with law.
- (b) **Review—**
  - (1) **Commencement of action—** The district courts of the [United States](/usc/7/6402.md?p=8) in any district in which the [person](/usc/7/1471g.md?p=b-1) who is a petitioner under [subsection (a)](#a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such [person](/usc/7/1471g.md?p=b-1)’s petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the [Secretary](/usc/7/6402.md?p=7) under [subsection (a)](#a).
  - (2) **Process—** Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
  - (3) **Remands—** If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the [Secretary](/usc/7/6402.md?p=7) 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.

# §6411. Enforcement

- (a) **Jurisdiction—** The several district courts of the [United States](/usc/7/6402.md?p=8) are vested with jurisdiction specifically to enforce, and to prevent and restrain any [person](/usc/7/1471g.md?p=b-1) from violating, any [order](/usc/7/2902.md?p=10) or regulation made or 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](/usc/7/6402.md?p=7) is not required to refer to the Attorney General a violation of this chapter, or any [order](/usc/7/2902.md?p=10) or regulation issued under this chapter, if the [Secretary](/usc/7/6402.md?p=7) believes that the administration and enforcement of this chapter would be adequately served by providing a suitable written notice or warning to the [person](/usc/7/1471g.md?p=b-1) who committed such violation or by administrative action under [subsection (c)](#c).
- (c) **Civil penalties and orders—**
  - (1) **Civil penalties—** Any [person](/usc/7/1471g.md?p=b-1) who violates any provision of any [order](/usc/7/2902.md?p=10) or regulation issued by the [Secretary](/usc/7/6402.md?p=7) under this chapter, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/1471g.md?p=b-1) under the [order](/usc/7/2902.md?p=10) or regulations, may be assessed—
    - (A) a civil penalty by the [Secretary](/usc/7/6402.md?p=7) of not less than $500 nor more than $5,000 for each such violation; or
    - (B) in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the [person](/usc/7/1471g.md?p=b-1) under this chapter or a regulation issued under this chapter, a civil penalty by the [Secretary](/usc/7/6402.md?p=7) of not less than $10,000 nor more than $100,000 for each such violation.

    Each violation shall be a separate offense.

  - (2) **Cease-and-desist orders—** In addition to, or in lieu of, a civil penalty, the [Secretary](/usc/7/6402.md?p=7) may issue an [order](/usc/7/2902.md?p=10) requiring the [person](/usc/7/1471g.md?p=b-1) to cease and desist from continuing such violation.
  - (3) **Notice and hearing—** No penalty shall be assessed or cease-and-desist [order](/usc/7/2902.md?p=10) issued by the [Secretary](/usc/7/6402.md?p=7) unless the [person](/usc/7/1471g.md?p=b-1) against whom the penalty is assessed or the [order](/usc/7/2902.md?p=10) issued is given notice and opportunity for a hearing before the [Secretary](/usc/7/6402.md?p=7) with respect to such violation.
  - (4) **Finality—** The [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/6402.md?p=7) assessing a penalty or imposing a cease-and-desist [order](/usc/7/2902.md?p=10) shall be final and conclusive unless the affected [person](/usc/7/1471g.md?p=b-1) files an appeal from the [Secretary](/usc/7/6402.md?p=7)’s [order](/usc/7/2902.md?p=10) with the appropriate district court of the [United States](/usc/7/6402.md?p=8) in accordance with [subsection (d)](#d).
- (d) **Review by district court—**
  - (1) **Commencement of action—** Any [person](/usc/7/1471g.md?p=b-1) against whom a violation is found and a civil penalty assessed or cease-and-desist [order](/usc/7/2902.md?p=10) issued under [subsection (c)](#c) may obtain review of the penalty or [order](/usc/7/2902.md?p=10) by—
    - (A) filing, within the 30-day period beginning on the date the penalty is assessed or [order](/usc/7/2902.md?p=10) issued, a notice of appeal in—
      - (i) the district court of the [United States](/usc/7/6402.md?p=8) for the district in which the [person](/usc/7/1471g.md?p=b-1) resides or carries on business; or
      - (ii) the [United States](/usc/7/6402.md?p=8) District Court for the District of Columbia; and
    - (B) simultaneously sending a copy of the notice by certified mail to the [Secretary](/usc/7/6402.md?p=7).
  - (2) **Record—** The [Secretary](/usc/7/6402.md?p=7) shall file promptly in such court a certified copy of the record on which the [Secretary](/usc/7/6402.md?p=7) found that the [person](/usc/7/1471g.md?p=b-1) had committed a violation.
  - (3) **Standard of review—** A finding of the [Secretary](/usc/7/6402.md?p=7) shall be set aside only if the finding is found to be unsupported by substantial evidence.
- (e) **Failure to obey orders—** Any [person](/usc/7/1471g.md?p=b-1) who fails to obey a cease-and-desist [order](/usc/7/2902.md?p=10) after the [order](/usc/7/2902.md?p=10) has become final and unappealable, or after the appropriate [United States](/usc/7/6402.md?p=8) district court has entered a final judgment in favor of the [Secretary](/usc/7/6402.md?p=7), shall be subject to a civil penalty assessed by the [Secretary](/usc/7/6402.md?p=7), after opportunity for a hearing and for judicial review under the procedures specified in subsections [(c)](#c) and [(d)](#d), of not more than $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of such [order](/usc/7/2902.md?p=10).
- (f) **Failure to pay penalties—** If any [person](/usc/7/1471g.md?p=b-1) fails to pay an assessment of a civil penalty after it has become a final and unappealable [order](/usc/7/2902.md?p=10), or after the appropriate [United States](/usc/7/6402.md?p=8) district court has entered final judgment in favor of the [Secretary](/usc/7/6402.md?p=7), the [Secretary](/usc/7/6402.md?p=7) shall refer the matter to the Attorney General for recovery of the amount assessed in the district court in which the [person](/usc/7/1471g.md?p=b-1) resides or conducts business. In the action, the validity and appropriateness of the final [order](/usc/7/2902.md?p=10) imposing the civil penalty shall not be subject to review.
- (g) **Additional remedies—** The remedies provided in this chapter shall be in addition to, and not exclusive of, other remedies that may be available.

# §6412. Investigations and power to subpoena

- (a) **Investigations—** The [Secretary](/usc/7/6402.md?p=7) may make such investigations as the [Secretary](/usc/7/6402.md?p=7) considers necessary—
  - (1) for the effective administration of this chapter; or
  - (2) to determine whether any [person](/usc/7/1471g.md?p=b-1) has engaged or is engaging in any act that constitutes a violation of this chapter, or any [order](/usc/7/2902.md?p=10), rule, or regulation issued under this chapter.
- (b) **Subpoenas, oaths, and affirmations—**
  - (1) **In general—** For the purpose of an investigation under [subsection (a)](#a), the [Secretary](/usc/7/6402.md?p=7) may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the [United States](/usc/7/6402.md?p=8).
  - (2) **Administrative hearings—** For the purpose of an administrative hearing held under section [6410](/usc/7/6410.md) or [6411](/usc/7/6411.md) of this title, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the [United States](/usc/7/6402.md?p=8).
- (c) **Aid of courts—** In the case of contumacy by, or refusal to obey a subpoena issued to, any [person](/usc/7/1471g.md?p=b-1), the [Secretary](/usc/7/6402.md?p=7) may invoke the aid of any court of the [United States](/usc/7/6402.md?p=8) within the jurisdiction of which such investigation or proceeding is carried on, or where such [person](/usc/7/1471g.md?p=b-1) resides or carries on business, in [order](/usc/7/2902.md?p=10) to enforce a subpoena issued by the [Secretary](/usc/7/6402.md?p=7) under [subsection (b)](#b). The court may issue an [order](/usc/7/2902.md?p=10) requiring such [person](/usc/7/1471g.md?p=b-1) to comply with such a subpoena.
- (d) **Contempt—** Any failure to obey such [order](/usc/7/2902.md?p=10) of the court may be punished by such court as a contempt thereof.
- (e) **Process—** Process in any such case may be served in the judicial district in which such [person](/usc/7/1471g.md?p=b-1) resides or conducts business or wherever such [person](/usc/7/1471g.md?p=b-1) may be found.
- (f) **Hearing site—** The site of any hearings held under section [6410](/usc/7/6410.md) or [6411](/usc/7/6411.md) of this title shall be within the judicial district where such [person](/usc/7/1471g.md?p=b-1) resides or has a principal place of business.