29 
1 “(2) A civil penalty for a violation of subsection (a) 
2 shall be assessed by the Secretary by an order made on the 
3 record after opportunity (provided in accordance with this 
4 subsection) for a healing in accordance with section 554 
5 of title 5, United States Code. Before issuing such an order, 
6 the Secretary shall give written notice to the person to be 
7 assessed a civil penalty under such order of the Secretary’s 
8 proposal to issue such order and provide such person an 
9 opportunity to request, within fifteen days of the date the 
10 notice is received by such person, such a hearing on the 
11 order. 
12 “ (3) Any person who requested in accordance with 
13 paragraph (2) a hearing respecting the assessment of a civil 
14 penalty and who is aggrieved by an order assessing a civil 
lb penalty may file a petition for judicial review of such order 
lb with the United States Court of Appeals for the District of 
11 Columbia Circuit or for any other circuit in which such 
18 person resides or transacts business. Such a petition may 
19 only be filed within the thirty-day period beginning on the 
20 date the order making such assessment was issued. 
21 . “ (4) If any person fails to pay an asessment of a civil 
22 penalty — 
23 “(A) a ft er the order making the assessment has 
24 become a final order and if such person does not file 
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