[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.424]



[Page 717-718]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

              Subpart D_Imposition of Civil Money Penalties

 

Sec.  160.424  Collection of penalty.



    (a) Once a determination of the Secretary to impose a penalty has 

become final, the penalty will be collected by the Secretary, subject to 

the first sentence of 42 U.S.C. 1320a-7a(f).

    (b) The penalty may be recovered in a civil action brought in the 

United States district court for the district where the respondent 

resides, is found, or is located.

    (c) The amount of a penalty, when finally determined, or the amount 

agreed upon in compromise, may be deducted from any sum then or later



[[Page 718]]



owing by the United States, or by a State agency, to the respondent.

    (d) Matters that were raised or that could have been raised in a 

hearing before an ALJ, or in an appeal under 42 U.S.C. 1320a-7a(e), may 

not be raised as a defense in a civil action by the United States to 

collect a penalty under this part.