; or (B) in the case of a violation of section 3(b), the product containing ejiao. (2) Notice and opportunity for hearing No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. (3) Determination of amount In determining the amount of any penalty assessed under this subsection, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed, and with respect to the violator, the degree of culpability, ability to pay, and such other matters as justice may require. (b) Hearings Hearings held during proceedings for the assessment of civil penalties under this section shall be conducted in accordance with section 554 of title 5, United States Code. The administrative law judge may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpoena issued pursuant to this subsection and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Review of civil penalty Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a complaint in such court within 30 days after the date of such order and by simultaneously serving a copy of the