[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1230.400]



[Page 73]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1230_NEW RESTRICTIONS ON LOBBYING--Table of Contents

 

                   Subpart D_Penalties and Enforcement

 

Sec. 1230.400  Penalties.





    (a) Any person who makes an expenditure prohibited herein shall be 

subject to a civil penalty of not less than $10,000 and not more than 

$100,000 for each such expenditure.

    (b) Any person who fails to file or amend the disclosure form (see 

Appendix B) to be filed or amended if required herein, shall be subject 

to a civil penalty of not less than $10,000 and not more than $100,000 

for each such failure.

    (c) A filing or amended filing on or after the date on which an 

administrative action for the imposition of a civil penalty is commenced 

does not prevent the imposition of such civil penalty for a failure 

occurring before that date. An administrative action is commenced with 

respect to a failure when an investigating official determines in 

writing to commence an investigation of an allegation of such failure.

    (d) In determining whether to impose a civil penalty, and the amount 

of any such penalty, by reason of a violation by any person, the agency 

shall consider the nature, circumstances, extent, and gravity of the 

violation, the effect on the ability of such person to continue in 

business, any prior violations by such person, the degree of culpability 

of such person, the ability of the person to pay the penalty, and such 

other matters as may be appropriate.

    (e) First offenders under paragraph (a) or (b) of this section shall 

be subject to a civil penalty of $10,000, absent aggravating 

circumstances. Second and subsequent offenses by persons shall be 

subject to an appropriate civil penalty between $10,000 and $100,000, as 

determined by the agency head or his or her designee.

    (f) An imposition of a civil penalty under this section does not 

prevent the United States from seeking any other remedy that may apply 

to the same conduct that is the basis for the imposition of such civil 

penalty.