Page:United States Statutes at Large Volume 103 Part 1.djvu/344

 103 STAT. 316 PUBLIC LAW 101-73—AUG. 9, 1989 12 USC 1467. "SEC. 9. EXAMINATION FEES. ' "«: '..': "(a) EXAMINATION OF SAVINGS ASSOCIATIONS.—T hecostof conduct- ing examinations of savings associations pursuant to section 5(d) of this Act shall be assessed by the Director against each such savings association in proportion to the assets or resources of the savings association. "(b) EXAMINATION OF AFFIUATES.— The cost of conducting examinations of affiliates of savings associations pursuant to this Act may be assessed by the Director against each affiliate which is examined in proportion to the assets or resources held by the affiliate on the date of any such examination. "(c) ASSESSMENT AGAINST ASSOCIATION IN CASE OF AFFIUATE'S REFUSAL To PAY. — "(1) IN GENERAL.— Subject to paragraph (2), if any affiliate of any savings association— "(A) refuses to pay any assessment under subsection (b); -;_;, or '' "(B) fails to pay any such assessment before the end of the 60-day period beginning on the date of the assessment, the Director may assess such cost against, and collect such cost from, such savings association. "(2) AFFIUATE OF MORE THAN 1 SAVINGS ASSOCIATION.— I f any affiliate referred to in paragraph (1) is an affiliate of more than 1 savings association, the assessment with respect to the affili- ate against, and collected from, any affiliated savings associa- tion in such proportions as the Director may prescribe. "(d) CIVIL MONEY PENALTY FOR AFFIUATE'S REFUSAL TO COOPERATE.— "(1) PENALTY IMPOSED. — If any affiliate of any savings associa- tion— "(A) refuses to permit any examiner appointed by the Director to make an examination; or "(B) refuses to provide any information required to be disclosed in the course of any examination, the savings association shall forfeit and pay a civil penalty of not more than $5,000 for each day that any such refusal contin- ues. "(2) ASSESSMENT AND COLLECTION. — Any penalty imposed under paragraph (1) shall be assessed and collected by the Director, in the manner provided in section 8(i)(2) of the Federal Deposit Insurance Act. "(e) REGULATIONS. — Only the Director may prescribe regulations with respect to— "(1) the computation of, and the assessment for, the cost of conducting examinations pursuant to this section; and "(2) the collection and use of such assessments and any fees under this section. y. Such regulations may establish formulas to determine a fee or schedule of fees to cover the costs of examinations and also to cover the cost of processing applications, filings, notices, and requests for approvals by the Director or the Director's designee. "(f) CoLLECTiON THROUGH FDIC OR FEDERAL HOME LOAN BANKS.— ^ The Corporation or the Federal home loan banks shall, upon request of and by agreement with the Director, collect fees and assessments on behalf of the Director and be reimbursed for the actual cost of collection.

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