[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: 24CFR4.38]



[Page 38]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 4_HUD REFORM ACT--Table of Contents

 

    Subpart B_Prohibition of Advance Disclosure of Funding Decisions

 

Sec.  4.38  Administrative remedies.



    (a) If the Department receives or obtains information providing a 

reasonable basis to believe that a violation of Section 103 has 

occurred, the Department may impose a sanction, as determined to be 

appropriate, upon an applicant for or a recipient of assistance who has 

received covered selection information.

    (b) In determining whether a sanction is appropriate and if so which 

sanction or sanctions should be sought, the Secretary shall give 

consideration to the applicant's conduct with respect to the violation. 

In so doing, the Secretary shall consider the factors listed at Sec.  

4.36(d), as well as any history of prior violations in any HUD program, 

the benefits received or expected, deterrence of future violations and 

the extent of any complicity in the violation.

    (c) The Secretary may impose a sanction authorized by this section 

whether or not the Ethics Law Division refers a case under 24 CFR part 

30, and whether or not a civil money penalty is imposed.