(b) If the Director determines that an operator has not fully discharged its insurance obligations imposed by the act, the Director shall notify the operator of its violation, and if corrective action is not taken within a reasonable time specified by the Director, the Director shall forward the case to the Chief Administrative Law Judge for appropriate proceedings. The administrative law judge assigned the case shall schedule and conduct a hearing with respect to the liability of the operator for the penalty described in this section. A penalty hearing conducted in accordance with this paragraph shall be subject to the provisions of 5 U.S.C. 554 and proceedings shall be determined in the discretion of the administrative law judge.
(c) An action may be commenced under this section at any time after information supporting such action becomes known to the Director.
(d) In determining the amount of any penalty assessed under this section, the administrative law judge shall consider the circumstances of the failure of an operator to comply with paragraph (a) of this section and shall, in the absence of mitigating circumstances, assess the maximum penalty allowed.
(e) Any penalty owed under this section shall be paid to the fund and may be enforced by the Secretary on behalf of the fund as appropriate.
(f) An appeal from a decision issued by an administrative law judge under this section shall be taken in accordance with the provisions of the Administrative Procedure Act, 5 U.S.C. 553 et seq. The Board shall not have jurisdiction to consider an appeal of a case adjudicated under this part.