Page:United States Statutes at Large Volume 103 Part 2.djvu/992

 103 STAT. 2002 PUBLIC LAW 101-235—DEC. 15, 1989 paragraph (I)(D) or paragraph (IXF), the Secretary shall inform the Attorney General of the United States. "(c) AGENCY F^OCEDURES. — "(1) ESTABLISHMENT.—The Secretary shall establish standards and procedures governing the imposition of civil money pen- alties under subsection (a). These standards and procedures— "(A) shall provide for the Secretary to make the deter- mination to impose the penalty or to use an administrative entity (such as the Mortgagee Review Board, established pursuant to section 202(c) of the National Housing Act) to make the determination; "(B) shall provide for the imposition of a penalty only after the mortgagee or lender has been given an oppor- tunity for a hearing on the record; and "(C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising fromahearing. "(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 (a), consider- ation shall be given to such factors as the gravity of the ofTense, any history of prior offenses (including those before enactment of this section), ability to pay the penalty, 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 (a) shall not be subject to review, except as provided in subsection (d). "(d) JUDICIAL RE^OEW OF AGENCY DETERMINATION.— "(1) IN GENERAL. —After exhausting all administrative rem- edies established by the Secretary under subsection (c)(D, a mortgagee or lender against whom the Secretary has imposed a civil money penalty under subsection (a) may obtain a review of the penal^ and such ancillary issues (such as any administra- tive sanctions under 24 C.F.R. part 25) as may be addressed in the notice of determination to impose a penalty under subsec- tion (c)(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 determination or order 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 (c)(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 the

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