Page:United States Statutes at Large Volume 103 Part 2.djvu/1000

 103 STAT. 2010 PUBLIC LAW 101-235—DEC. 15, 1989 "(C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. "(2) FINAL ORDERS.—If no hearing is requested within 15 days of receipt of the notice of opportunity for hearing, the imposi- tion of the penalty shall constitute a final and unappealable determination. If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that deter- mination or order. If the Secretary does not review the determination or order within 90 days of the issuance of the determination or order, the determination or order shall be final. "(3) FACTORS IN DETERMINING AMOUNT OF PENALTY.— In deter- mining the amount of a penalty under subsection (b) or (c), consideration shall be given to such factors as the gravity of the offense, any history of prior offenses (including offenses occur- ring before enactment of this section), ability to pay the pensdty, injury to the tenants, injury to the public, benefits received, deterrence of future violations, and such other factors as the Secretary may determine in regulations to be appropriate. "(4) REVIEWABILITY OF IMPOSITION OF PENALTY.— The Sec- retary's determination or order imposing a penalty under subsection (b) or (c) shall not be subject to review, except as provided in subsection (e). "(e) JUDICIAL REVIEW OF AGENCY DETERMINATION.— "(1) IN GENERAL.—After exhausting all administrative rem- edies established by the Secretary under subsection (d)(D, a mortgagor against whom the Secretary has imposed a civil money penalty under subsection (b) or (c) may obtain a review of the penalty and such ancillary issues as may be addressed in the notice of determination to impose a penalty under subsec- tion (d)(l)(A) in the appropriate court of appeals of the United States, by filing in such court, within 20 days after the entry of such order or determination, a written petition praying that the Secretary's order or determination be modified or be set aside in whole or in part. "(2) OBJECTIONS NOT RAISED IN HEARING. — The court shall not consider any objection that was not raised in the hearing con- ducted pursuant to subsection (d)(1) unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection. If any party demonstrates to the satisfaction of the court that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at the hearing, the court shall remand the matter to the Secretary for consideration of such additional evidence. 1 "(3) SCOPE OF REVIEW.— The decisions, findings, and deter- minations of the Secretary shall be reviewed pursuant to section 706 of title 5, United States Code. "(4) ORDER TO PAY PENALTY. —Notwithstanding any other provision of law, in any such review, the court shall have the power to order payment of the penalty imposed by the Secretary. "(f) ACTION TO CJOLLECT PENALTY.— I f a mortgagor fails to comply with the Secretary's determination or order imposing a civil money penalty under subsection (b) or (c), after the determination or order is no longer subject to review as provided by subsections (d)(1) and

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