Page:United States Statutes at Large Volume 103 Part 2.djvu/996

 103 STAT. 2006 PUBLIC LAW 101-235—DEC. 15, 1989 " (1) ESTABLISHMENT.— The Secretary shall establish standards and procedures governing the imposition of civil money pen- alties under subsections (b) and (c). These standards and procedures— "(A) shall provide for the Secretary or other department official (such as the Assistant Secretary for Housing) to make the determination to impose a penalty; "(B) shall provide for the imposition of a penalty only after the mortgagor has been given an opportunity for a hearing on the record; and "(C) may provide for review by the Secretary of any determination or order, or interlocutory ruling, arising from a hearing. "(2) FINAL ORDERS.—I f 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 penalty, iiyury 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)(l)( a mortgagor against whom the Secretary has imposed a civil money pencdty 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.

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