[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR30.85]



[Page 314-315]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 30_CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT--Table of 

Contents

 

                          Subpart C_Procedures

 

Sec.  30.85  Complaint.



    (a) General. Upon the expiration of the period for the respondent to 

submit a response to the prepenalty notice, the official designated in 

subpart B of this part, or his or her designee (or the Mortgagee Review 

Board in actions under Sec.  30.35) shall determine whether to seek a 

civil money penalty. Such determination shall be based upon a review of 

the prepenalty notice, the response, if any, and the factors listed at 

Sec.  30.80. A determination by the Mortgagee Review Board to seek a 

civil money penalty shall be by a majority vote of the Board.

    (b) If a determination is made to seek a civil money penalty, the 

official or his or her designee, or the Mortgagee Review Board, shall 

issue a complaint to the respondent. The complaint shall state the 

following:

    (1) The factual basis for the decision to seek a penalty;

    (2) The applicable civil money penalty statute;

    (3) The amount of penalty sought;

    (4) The right to submit a response in writing, within 15 days of 

receipt of the complaint, requesting a hearing on any material fact in 

the complaint, or on the appropriateness of the penalty sought;

    (5) The address to which a response must be sent;

    (6) That the failure to submit a response may result in the 

imposition of the penalty in the amount sought.

    (c) A copy of this part and of 24 CFR part 26, subpart B shall be 

included with the complaint.

    (d) Service of the complaint. The complaint shall be served on the 

respondent by first class mail, personal delivery, or other means. In 

cases of violations by mortgagees and lenders of 12 U.S.C. 1735f-14(b) 

(1)(D) or (1)(F), or by GNMA issuers or custodians of 12 U.S.C. 1723i(b) 

(1)(G) or (1)(I), a copy of



[[Page 315]]



the complaint shall be provided to the Attorney General.