Page:United States Statutes at Large Volume 92 Part 3.djvu/1017

 PUBLIC LAW 95-630—NOV. 10, 1978 to the subpena of the Board, shall be guilty of a misdeineaiior and, upon conviction, shall be subject to a line of not more than $1,000 or to imprisonment for a term of not more than one year or both.''. (c) Section 4:08(j) of the National Housing Act (12 U. 8. ( \ 1730a(]*)), is amended by adding thereto a new paragraph (j) (-l) to read as follows: " (4)(A) Any company which violates or any individual who jjarticipates in a violation of any provision of this section, or any regulation or order issued pursuant thereto, shall forfeit and pay a civil 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 Corporation 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. " (B) In determining the amount of the penalty the Corporation shall take into account the appropriateness of the penalty with respect to the size of financial resources and good faith of the company or person charged, the gravity of the violation, the history of previous violations, and such other matters as justice may require. " (C) The company or person assessed shall be aiforded 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, United States Code. The agency determination shall be made by final order which may be reviewed only as provided in subparagraph (D). If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order. " (D) Any company or person 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 home office of the company is located, or in the United States Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal in such couil within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered or certified mail to the Corporation. The Corporation shall promptly certify and file in such court the record upon which the penalty was imposed, as provided in section 2112 of title 28, United States Code. The findings of the Corporation shall be set aside if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. " (E) If any company 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 Corporation 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. " (F) The Corporation shall promulgate regulations establishing procedures necessary to implement this paragraph. " (G) All penalties collected under authority of this paragraph shall be covered into the Treasury of the United States.". SEC. 107. (a)(1) Section 8(b) ' o f the Federal Deposit Insurance Act (12 U.S.C. 1818(b)) is amended to read as follows: " (b)(1) If, in the opinion of the appropriate Federal banking agency, any insured bank, bank which has insured deposits, or any director, officer, employee, agent, or other person paiticipating in the

92 STAT. 3649

Civil penalty,

Notice, "Violates."

Hearing opportunity,

Review,

Certification.

Regulations,

Notice of charges,

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