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HUD/HUDSEC RIN: 2501-AD23 Publication ID: Spring 2009 
Title: Civil Money Penalties: Certain Prohibited Conduct (FR-5081) 
Abstract: This rule would amend HUD’s regulations that govern the imposition of civil money penalties. Specifically, HUD is adding a definition of "ability to pay," which is one of the factors used in determining the appropriateness of any amount of civil money penalties. The revised regulations would also amend the grounds for action against mortgagees and lenders to specifically include failure to comply with indemnification and other agreements with HUD or the Mortgagee Review Board. Additionally, the revised regulation would require respondents, in their responses to the prepenalty notice, to specifically address the factors in determining appropriateness and amount of civil money penalty, described in 24 CFR 30.80. Finally, this rule would make other changes to conform to the authorizing statutes. 
Agency: Department of Housing and Urban Development(HUD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 24 CFR 30   
Legal Authority: 12 USC 1701q-1    12 USC 1703    12 USC 1723i    12 USC 1735f-14    12 USC 1735f-15    15 USC 1717a    28 USC 2461 note    42 USC 1437z-1    42 USC 3535(d)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  10/17/2008  73 FR 61754   
NPRM Comment Period End  12/16/2008    
Final Action  01/15/2009  74 FR 2750   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dane Narode
Associate General Counsel, Office of Program Enforcement, Office of General Counsel
Department of Housing and Urban Development
Phone:202 402-3555