In any proceeding instituted pursuant to sections
78o
(b)(4),
78o
(b)(6),
78o–6,
78o–4,
78o–5,
78o–7, or
78q–1 of this title against any person, the Commission or the appropriate regulatory agency may impose a civil penalty if it finds, on the record after notice and opportunity for hearing, that such person—
and that such penalty is in the public interest.