Enforcement

(a) Procedures The Attorney General shall establish procedures— (1) for individuals and entities to file written, signed complaints respecting potential violations of this Act by a covered athletic association or any person acting as an agent thereof; (2) for the investigation of those complaints which have a substantial probability of validity; (3) for the investigation of such other violations of this Act as the Attorney General determines to be appropriate; and (4) for the evaluation of a covered athletic association’s annual report to determine compliance with this Act. (b) Investigations and hearings In conducting investigations and hearings pursuant to this section, the following shall apply: (1) Any hearing so requested shall be conducted before an administrative law judge of the Department of Justice determined by the Attorney General. The hearing shall be conducted in accordance with the requirements of section 554 of title 5, United States Code. The hearing shall be held at the nearest practicable place to the place where the person or covered athletic association resides or of the place where the alleged violation occurred. If no hearing is so requested, the Attorney General's imposition of the order shall constitute a final and unappealable order. (2) Officers and employees of the Department of Justice (including the administrative law judges referred to in paragraph (1)) shall have reasonable access to examine evidence of any person or covered athletic association being investigated. (3) If the administrative law judge determines, upon the preponderance of the evidence received, that a person or covered athletic association named in the complaint has violated the statute, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or covered athletic association an order as follows: (A) The administrative law judge shall order the person or covered athletic association to cease and desist from such violations and to pay a civil penalty in an amount of not less than $10,000 and not more than $15,000,000. (B) In determining the amount of the penalty, due consideration shall be given to the good faith of the covered athletic association or person, the seriousness of the violation, and the history of previous violations. (C) The administrative law judge may order the permanent removal of any member of the covered athletic association’s governing body in the case of a violation. (4) The Attorney General may, not earlier than 30 days after providing notice thereof to the person or covered athletic association, commence a hearing before an administrative law judge of the Department of Justice for any alleged violation of this Act by that person or covered athletic association. The administrative law judge may impose a civil penalty for any violation determined to have occurred. (5) Administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof. (6) The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days after the administrative law judge issues such order, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the Attorney General shall become a final order under this subsection. (7) A person or covered athletic association adversely affected by a final order (including an order for assessment of a civil penalty) under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.