William J. MAYERS, D.C. and Patricia M. Mayers, Petitioners, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent

HILL, Circuit Judge:

In this appeal from an administrative determination of the Secretary of Health and Human Services the constitutionality of the Civil Monetary Penalties and Assessment Act (CMPAA), 42 U.S.C. § 1320a-7a (1982 & Supp. III 1985) is challenged. We hold this statute to be constitutional on its face and as applied to the petitioner. Petitioner raises several additional challenges to the assessment of a civil penalty by the Administrative Law Judge. These attacks on the Administrative Law Judge’s decision are also rejected.

This action was commenced by the United States Department…