12 C.F.R. § 509.103 Civil money penalties.
Title 12 - Banks and Banking
(a) Assessment. In the event of consent, or if upon the record developed at the hearing the Office finds that any of the grounds specified in the notice issued pursuant to §509.18 of this part have been established, the Office may serve an order of assessment of civil money penalty upon the party concerned. The assessment order shall be effective immediately upon service or upon such other date as may be specified therein and shall remain effective and enforceable until it is stayed, modified, terminated, or set aside by the Office or by a reviewing court. (b) Payment. (1) Civil penalties assessed pursuant to subpart A of this part and this subpart B are payable and to be collected within 60 days after the issuance of the notice of assessment, unless the Office fixes a different time for payment where it determines that the purpose of the civil money penalty would be better served thereby; however, if a party has made a timely request for a hearing to challenge the assessment of the penalty, the party may not be required to pay such penalty until the Office has issued a final order of assessment following the hearing. In such instances, the penalty shall be paid within 60 days of service of such order unless the Office fixes a different time for payment. Notwithstanding the foregoing, the Office may seek to attach the party's assets or to have a receiver appointed to secure payment of the potential civil money penalty or other obligation in advance of the hearing in accordance with section 8(i)(4) of the FDIA (12 U.S.C. 1818(i)(4)). (2) Checks in payment of civil penalties shall be made payable to the Treasurer of the United States and sent to the Controller's Division of the Office. Upon receipt, the Office shall forward the check to the Treasury of the United States. (c) Inflation adjustment. Under the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), OTS must adjust for inflation the civil monetary penalties in statutes that it administers. The following chart displays the adjusted civil money penalties. The amounts in this chart apply to violations that occur after November 4, 2004: [56 FR 38306, Aug. 12, 1991, as amended at 65 FR 61262, Oct. 17, 2000; 69 FR 64251, Nov. 4, 2004]
Title 12: Banks and Banking
PART 509—RULES OF PRACTICE AND PROCEDURE IN ADJUDICATORY PROCEEDINGS
Subpart B—Local Rules
§ 509.103 Civil money penalties.
------------------------------------------------------------------------ U.S. code citation CMP description New maximum amount------------------------------------------------------------------------12 U.S.C. 1464(v)(4). Reports of Condition_1st $2,200. Tier.12 U.S.C. 1464(v)(5). Reports of Condition_2nd $27,500. Tier.12 U.S.C. 1464(v)(6). Reports of Condition_3rd $1,250,000. Tier.12 U.S.C. 1467(d).... Refusal to Cooperate in $6,500. Exam.12 U.S.C. 1467a(i)(2) Holding Company Act $27,500. Violation.12 U.S.C. 1467a(i)(3) Holding Company Act $27,500. Violation.12 U.S.C. 1467a(r)(1) Late/Inaccurate Reports_1st $2,200. Tier.12 U.S.C. 1467a(r)(2) Late/Inaccurate Reports_2nd $27,500. Tier.12 U.S.C. 1467a(r)(3) Late/Inaccurate Reports_3rd $1,250,000. Tier.12 U.S.C. Change in Control_1st Tier. $6,500. 1817(j)(16)(A).12 U.S.C. Change in Control_2nd Tier. $32,500. 1817(j)(16)(B).12 U.S.C. Change in Control_3rd Tier. $1,250,000. 1817(j)(16)(C).12 U.S.C. Violation of Law or Unsafe $6,500. 1818(i)(2)(A). or Unsound Practice_1st Tier.12 U.S.C. Violation of Law or Unsafe $32,500. 1818(i)(2)(B). or Unsound Practice_2nd Tier.12 U.S.C. Violation of Law or Unsafe $1,250,000. 1818(i)(2)(C). or Unsound Practice_3rd Tier.12 U.S.C. 1884....... Violation of Security Rules $110.12 U.S.C. 3349(b).... Appraisals Violation_1st $6,500. Tier.12 U.S.C. 3349(b).... Appraisals Violation_2nd $32,500. Tier.12 U.S.C. 3349(b).... Appraisals Violation_3rd $1,250,000. Tier.42 U.S.C. 4012a(f)... Flood Insurance............ $385 (per 4012a(f) violation). $125,000 (per calendar year).------------------------------------------------------------------------
