Page:United States Statutes at Large Volume 111 Part 2.djvu/337

 •^0^sfi»r-' PUBLIC LAW 105-65—OCT. 27, 1997 111 STAT. 1417 imposed regardless of whether the Secretary imposes other administrative sanctions. "(2) FAILURE OF SECRETARY. —The Secretary may not impose penalties under this section for a violation, if a material cause of the violation is the failure of the Secretary, an agent of the Secretary, or a public housing agency to comply with an existing agreement. "(b) VIOLATIONS OF HOUSING ASSISTANCE PAYMENT CONTRACTS FOR WHICH PENALTY MAY BE IMPOSED. — "(1) LIABLE PARTIES.— The Secretary may impose a civil money penalty under this section on— "(A) any owner of a property receiving project-based assistance under section 8; "(B) any general partner of a partnership owner of that property; and "(C) any agent employed to manage the property that has an identity of interest with the owner or the general partner of a partnership owner of the property. "(2) VIOLATIONS. —A penalty may be imposed under this section for a knowing and material breach of a housing assistance payments contract, including the following— "(A) failure to provide decent, safe, and sanitary housing pursuant to section 8; or "(B) knowing or willful submission of false, fictitious, or fraudulent statements or requests for housing assistance payments to the Secretary or to any department or agency of the United States. "(3) AMOUNT OF PENALTY.— The amount of a penalty imposed for a violation under this subsection, as determined by the Secretary, may not exceed $25,000 per violation. "(c) AGENCY PROCEDURES. — Regulations. "(1) ESTABLISHMENT.—The Secretary shall issue regulations establishing standards and procedures governing the imposition of civil money penalties under subsection (b). These standards and procedures— "(A) shall provide for the Secretary or other department official to make the determination to impose the penalty; "(B) shall provide for the imposition of a penalty only after the liable party has received notice and the 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 and judicial review, as provided under subsection (d). "(2) FINAL ORDERS.— "(A) IN GENERAL. — If a hearing is not requested before the expiration of the 15-day period beginning on the date on which the notice of opportunity for hearing is received, the imposition of a penalty under subsection (b) shall constitute a final and unappealable determination. "(B) EFFECT OF REVIEW. — If the Secretary reviews the determination or order, the Secretary may affirm, modify, or reverse that determination or order. "(C) FAILURE TO REVIEW.—I f the Secretary does not review that determination or order before the expiration of the 90-day period beginning on the date on which the

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