Page:United States Statutes at Large Volume 92 Part 3.djvu/1011

 PUBLIC LAW 95-630—NOV. 10, 1978 " (5) If any member bank or person fails to pay an assessment after it has become a final and unappealable order or after the court of appeals has entered final judgment in favor of the agency, the Board shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. I n such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. " (6) The Board shall promulgate regulations establishing procedures necessary to implement this subsection. " (7) All penalties collected under authority of this subsection shall be covered into the Treasury of the United States.". SEC. 103. Section 5239 of the Revised Statutes (12 U.S.C. 93) is amended by inserting " (a) " immediately after " SEC. 5239." and by inserting at the end thereof the following new subsection: " (b)(1) Any national banking association which violates, or any officer, director, employee, agent, or other person participating in the conduct of the affairs of such association who violates any of the provisions of this chapter, or any regulation issued pursuant thereto, shall forfeit and pay a civil money penalty of not more than $1,000 per day for each day during which such violation continues. The penalty shall be assessed and collected by the Comptroller of the Currency by written notice. As used in the section, the term 'violates' includes without any limitation any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. " (2) I n determining the amount of the penalty the Comptroller shall take into account the appropriateness of the penalty with respect to the size of financial resources and good faith of the association or person charged, the gravity of the violation, the history of previous violations, and such other matters as justice may require. " (3) The association or person assessed shall be afforded an opportunity for agency hearing, upon request made within ten days after issuance of the notice of assessment. I n such hearing all issues shall be determined on the record pursuant to section 554 of title 5. The agency determination shall be made by final order which may be reviewed only as provided in subsection (4). I f no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. " (4) Any association or pers(*n against whom an order imposing a civil money penalty has been entered after agency hearing under this section may obtain review by the United States court of appeals for the circuit in which the homo office of the bank is located, or in the United States Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered or certified mail to the Comptroller. The Comptroller shall promptly certify and file in such court the record upon which the penalty was imposed, as provided in section 2112 of title 28. The findings of the Comptroller shall be set aside if found to be unsupported by substantial evidence as provided by section 706(2)(e) of title 5. " (5) If any association or person fails to pay an assessment after it has become a final and unappealable order, or after the court of appeals has entered final judgment in favor of the agency, the Comptroller shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. I n such action the validity and api^ropriateness of the final order imposing the penalty shall not be subj ect to review.

92 STAT. 3643

Regulations,

Civil penalty,

Notice, "Violates."

Hearing opportunity,

Review,

Certification,

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