and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary’s order with the appropriate United States Court of Appeals. (3) A hearing under this section shall be conducted by, at minimum, one veterinarian, and two additional animal care specialists or directors. A hearing under this section shall take place within 21 days after notice of the violation has been delivered unless the Secretary identifies a reasonable basis for continuance. (4) The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person’s good faith, and the history of previous violations. Any such penalty shall be calculated on a per animal and per violation basis and may not be reduced by 10 percent or more. The Secretary shall designate a responsible party within the Department of Agriculture to establish penalty guidelines for violations and to verify that the Department adheres to such guidelines. Such guidelines shall be established in a manner to reasonably discourage future violations. (5) Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $1,500. .