Page:United States Statutes at Large Volume 103 Part 1.djvu/492

 103 STAT. 464 PUBLIC LAW 101-73 —AUG. 9, 1989 "(ii) FINALITY OF ASSESSMENT. —I f, with respect to any assessment under clause (i), a hearing is not requested ' pursuant to subparagraph (H) within the period of time allowed under such subparagraph, the assessment shall constitute a final and unappesdable order. " (F) AUTHORITY TO MODIFY OR REMIT PENALTY. —Any appropriate Federal banking agency may compromise,

modify, or remit any penalty which such agency may assess •...,. or had already assessed under subparagraph (A), (B), or (C). "(G) MITIGATING FACTORS. —In determining the amount of any penalty imposed under subparagraph (A), (B), or (C), the appropriate agency shall take into account the appro- priateness of the penalty with respect to— "(i) the size of financial resources and good faith of the insured depository institution or other person charged; "(ii) the gravity of the violation; ? "(iipthehistory of previous violations; and "(iv) such other matters as justice may require. "(H) HEARING.— The insured depository institution or other person against whom any penalty is assessed under this paragraph shall be afforded an agency hearing if such institution or person submits a request for such hearing within 20 days after the issuance of the notice of assess- ment. " (I) COLLECTION. — (i "(i) REFERRAL.—I f any insured depository institution i or other person fails to pay an assessment after any penalty assessed under this paragraph has become final, the agency that imposed the penalty shall recover '• /' ' the amount assessed by action in the appropriate United States district court. " (ii) APPROPRIATENESS OF PENALTY NOT REVIEWABLE,— In any civil action under clause (i), the validity and appropriateness of the penalty shall not be subject to . .; review. • "(J) DISBURSEMENT. —A ll penalties collected under authority of this paragraph shall be deposited into the Treasury. " (K) REGULATIONS.—Each appropriate Federal banking agency shall prescribe regulations establishing such proce- dures as may be necessary to carry out this paragraph.", (b) GENERAL PROVISIONS FOR CREDIT UNIONS INSURED BY THE NCUA.— Section 206(k)(2) of the Federal Credit Union Act (12 U.S.C. 1786(k)(2)) is amended to read as follows: "(2) CIVIL MONEY PENALTY. — . ?, "(A) FIRST TIER.—Any insured credit union which, and any institution-affiliated party who— "(i) violates any law or regulation; "(ii) violates any final order or temporary order issued pursuant to subsection (e), (f), (g), (i), or (q); "(iii) violates any condition imposed in writing by the Board in connection with the grant of any application or other request by such credit union; or "(iv) violates any written agreement between such credit union and such agency,

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