1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
34 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
8 
(A) establish or maintain records, 
(B) make reports or provide information, or 
(C) permit entry or inspection, 
as required by this Aet title or any regulation promul- 
gated under this Aet title. 
(b) (1) Any person who violates subsection (a) shall 
be liable to the United States for a civil penalty in an amount 
not to exceed $5,000 for each such violation. Each day such 
a violation continues shall, for purposes of this paragraph, 
constitute a separate violation of subsection (a) . 
(2) A civil penalty for a violation of subsection (a) 
shall be assessed by the Secretary by an order made on the 
record after opportunity (provided in accordance with this 
subsection) for a hearing in accordance with section 554 
of title 5, United States Code. Before issuing such an order, 
the Secretary shall give to the person to be assessed a civil 
penalty under such order written notice of the Secretary’s 
proposal to issue such order and provide such person an 
opportunity to request, within fifteen days of the date the 
notice is received by such person, such a hearing on the 
order. 
(3) Any person who requested in accordance with 
paragraph (2) a hearing respecting the assessment of a 
civil penalty and who is aggrieved by an order assessing a 
civil penalty may file a petition for judicial review of such 
[Appendix B — 10] 
