Page:United States Statutes at Large Volume 103 Part 2.djvu/984

 103 STAT. 1994 PUBLIC LAW 101-235—DEC. 15, 1989 in such court, within 20 days after the entry of such order or determination, a written petition praying that the order or determination of the Secretary 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 (g)(l) 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 the 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. (3) SCOPE OF REVIEW. —The decisions, findings, and determina- tions 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. (i) ACTION TO COLLECT THE PENALTY.—If any person fails to comply with the determination or order of the Secretary imposing a civil money penalty under subsection (f), after the determination or order is no longer subject to review as provided by subsections (g)(l) and (h), the Secretary may request the Attorney General of the United States to bring an action in an appropriate United States district court to obtain a monetary judgment against the person and such other relief as may be available. The monetary judgment may, in the court's discretion, include the attorneys' fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appro- priateness of the Secretary's determination or order imposing the penalty shall not be subject to review. 0) SETTLEMENT BY THE SECRETARY. —The Secretary may com- promise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (k) REGULATIONS.—The Secretary shall issue such regulations as the Secretary deems appropriate to implement this section. (1) DEPOSIT OF PENALTIES.—The Secretary shall deposit all civil money penalties collected under this section into miscellaneous receipts of the Treasury. (m) DEFINITIONS.—For the purpose of this section— (1) The term "Department" means the Department of Hous- ing and Urban Development. (2) The term "Secretary" means the Secretary of Housing and Urban Development. (3) The term "person" means an individual (including a consultant, lobbyist, or lawyer), corporation, company, associa- tion, authority, firm, partnersMp, society. State, local government, or any other organization or group of people. (4) The term "assistance within the jurisdiction of the Depart- ment" includes any contract, grant, loan, cooperative agree- ment, or other form of assistance, including the insurance or guarantee of a loan, mortgage, or pool of mortgages.

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