42 USC 1490s - Enforcement provisions

U.S Code last checked for updates: Apr 29, 2024

§ 1490s.

Enforcement provisions

(a)

Equity skimming

(1)

Criminal penalty

(2)

Civil sanctions

(b)

Civil monetary penalties

(1)

In general

The Secretary may, after notice and opportunity for a hearing, impose a civil monetary penalty in accordance with this subsection against any individual or entity, including its owners, officers, directors, general partners, limited partners, or employees, who knowingly and materially violate, or participate in the violation of, the provisions of this subchapter, the regulations issued by the Secretary pursuant to this subchapter, or agreements made in accordance with this subchapter, by—

(A)

submitting information to the Secretary that is false;

(B)

providing the Secretary with false certifications;

(C)

failing to submit information requested by the Secretary in a timely manner;

(D)

failing to maintain the property subject to loans made or guaranteed under this subchapter in good repair and condition, as determined by the Secretary;

(E)

failing to provide management for a project which received a loan made or guaranteed under this subchapter that is acceptable to the Secretary; or

(F)

failing to comply with the provisions of applicable civil rights statutes and regulations.

(2)

Conditions for renewal or extension

(3)

Amount

(A)

In general

The amount of a civil monetary penalty imposed under this subsection shall not exceed the greater of—

(i)

twice the damages the Department of Agriculture, the guaranteed lender, or the project that is secured for a loan under this section suffered or would have suffered as a result of the violation; or

(ii)

$50,000 per violation.

(B)

Determination

In determining the amount of a civil monetary penalty under this subsection, the Secretary shall take into consideration—

(i)

the gravity of the offense;

(ii)

any history of prior offenses by the violator (including offenses occurring prior to the enactment of this section);

(iii)

the ability of the violator to pay the penalty;

(iv)

any injury to tenants;

(v)

any injury to the public;

(vi)

any benefits received by the violator as a result of the violation;

(vii)

deterrence of future violations; and

(viii)

such other factors as the Secretary may establish by regulation.

(4)

Payment of penalties

(5)

Remedies for noncompliance

(A)

Judicial intervention

(B)

Reviewability of determination

(July 15, 1949, ch. 338, title V, § 543, as added Pub. L. 106–569, title VII, § 708(a), Dec. 27, 2000, 114 Stat. 3016.)

cite as: 42 USC 1490s