24 C.F.R. § 30.85 Complaint.
Title 24 - Housing and Urban Development
(a) General. Upon the expiration of the period for the respondent to submit a response to the prepenalty notice, the official designated in subpart B of this part, or his or her designee (or the Mortgagee Review Board in actions under §30.35) shall determine whether to seek a civil money penalty. Such determination shall be based upon a review of the prepenalty notice, the response, if any, and the factors listed at §30.80. A determination by the Mortgagee Review Board to seek a civil money penalty shall be by a majority vote of the Board. (b) If a determination is made to seek a civil money penalty, the official or his or her designee, or the Mortgagee Review Board, shall issue a complaint to the respondent. The complaint shall state the following: (1) The factual basis for the decision to seek a penalty; (2) The applicable civil money penalty statute; (3) The amount of penalty sought; (4) The right to submit a response in writing, within 15 days of receipt of the complaint, requesting a hearing on any material fact in the complaint, or on the appropriateness of the penalty sought; (5) The address to which a response must be sent; (6) That the failure to submit a response may result in the imposition of the penalty in the amount sought. (c) A copy of this part and of 24 CFR part 26, subpart B shall be included with the complaint. (d) Service of the complaint. The complaint shall be served on the respondent by first class mail, personal delivery, or other means. In cases of violations by mortgagees and lenders of 12 U.S.C. 1735f–14(b) (1)(D) or (1)(F), or by GNMA issuers or custodians of 12 U.S.C. 1723i(b) (1)(G) or (1)(I), a copy of the complaint shall be provided to the Attorney General.
Title 24: Housing and Urban Development
PART 30—CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
Subpart C—Procedures
§ 30.85 Complaint.
