Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 24 - Housing and Urban Development |
Subtitle A - Office of the Secretary, Department of Housing and Urban Development |
Part 30 - Civil Money Penalties: Certain Prohibited Conduct |
Subpart C - Procedures |
§ 30.70 - Prepenalty notice.
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§ 30.70 Prepenalty notice.
(a) Prior to determining whether to issue a complaint under § 30.85, the official designated in subpart B of this part, or his or her designee (or the chairperson of the Mortgagee Review Board, or his or her designee, in actions under § 30.35), shall issue a written notice to the respondent. This prepenalty notice shall include the following:
(1) That HUD is considering seeking a civil money penalty;
(2) The specific violations alleged;
(3) The maximum civil money penalty that may be imposed;
(4) The opportunity to reply in writing to the designated program official within 30 days after receipt of the notice;
(5) That failure to respond within the 30-day period may result in issuance of a complaint under § 30.85 without consideration of any information that the respondent may wish to provide; and
(b) Obligation to preserve documents. Upon receipt of the prepenalty notice, the respondent is required to preserve and maintain all documents or data, including electronically stored data, within his or her possession or control that may relate to the violations alleged in the prepenalty notice. The Department shall also preserve such documents or data upon the issuance of the prepenalty notice.
[74 FR 2751, Jan. 15, 2009]