[Code of Federal Regulations]

[Title 31, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR27.7]



[Page 280-281]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

PART 27_CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE TREASURY 

NAMES, SYMBOLS, ETC.--Table of Contents

 

Sec. 27.7  Final Notice of Assessment.



    (a) In making a final determination whether to impose a penalty, the 

assessing official shall take into consideration all available 

information in the administrative record on the matter, including all 

information provided in or with a written response timely filed by the 

respondent and any additional information provided pursuant to Sec. 

27.5(e)(2). The assessing official will determine whether:

    (1) The facts warrant a conclusion that no violation has occurred; 

or

    (2) The facts warrant a conclusion that one or more violations have 

occurred; and

    (3) The facts and violations found justify the conclusion that a 

civil penalty should be imposed.

    (b) If the assessing official determines that no violation has 

occurred, the official shall promptly send a letter indicating that 

determination to the person served with an Initial Notice of Assessment 

and to any designated representative of such person.

    (c)(1) If it has been determined that a violation has occurred, the 

assessing official shall issue a Final Notice of Assessment to the 

person served with an Initial Notice of Assessment and to any designated 

representative of such person.

    (2) The assessing official may, in his/her discretion:

    (i) Impose a civil monetary penalty and/or any civil or equitable 

remedy deemed necessary to rectify the potential for a continued misuse 

or harm from the violation(s);

    (ii) Not impose a civil monetary penalty and/or civil or equitable 

remedy; or



[[Page 281]]



    (iii) Impose a civil monetary penalty and/or civil or equitable 

remedy and condition payment of the civil monetary penalty on the 

violator's future compliance with 31 U.S.C. 333, this part and any civil 

or equitable remedy contained in the Final Notice of Assessment. If a 

civil monetary penalty is imposed, the assessing official shall 

determine the appropriate amount of the penalty in accordance with 31 

U.S.C. 333(c)(2).

    (3) The Final Notice of Assessment shall:

    (i) Include:

    (A) A specific reference to the provisions of Sec. 27.3 found to 

have been violated;

    (B) A concise statement of the facts warranting a conclusion that a 

violations has occurred;

    (C) An analysis of how the facts and violation(s) justify the 

conclusion that a civil monetary penalty and/or civil or equitable 

remedy should be imposed; and

    (D) The amount of each civil monetary penalty imposed, a statement 

as to how the amount of each penalty was determined, and the terms of 

any civil or equitable remedy deemed necessary to rectify the potential 

for a continued misuse or harm from the violation(s); and

    (ii) Inform the person that:

    (A) Payment of a civil monetary penalty imposed by the Final Notice 

of Assessment must be made within 30 days of the date of the notice, and 

that any civil or equitable remedy imposed must be complied with as 

provided in the Final Notice of Assessment;

    (B) Payment of a civil monetary penalty imposed by the Final Notice 

of Assessment shall be by EFT in accordance with instructions provided 

in the notice, unless the assessing official has given written approval 

to have payment made by other means;

    (C) payment of a civil monetary penalty imposed by the Final Notice 

of Assessment constitutes consent by the person to comply with the terms 

of any civil or equitable remedy contained in the notice;

    (D) If payment of a civil monetary penalty imposed by the Final 

Notice of Assessment has been waived on the condition that the person 

comply with the terms of any civil or equitable remedy contained in the 

notice or comply in the future with 31 U.S.C. 333 and this part, failure 

by the person to so comply will make the civil monetary penalty payable 

on demand;

    (E) If a civil monetary penalty is not paid within 30 days of the 

date of the Final Notice of Assessment (or on demand under paragraph 

(C)(3)(ii)(D) of this sectiion), or if a civil or equitable remedy is 

not complied with in accordance with the terms of the notice, a civil 

action to collect the penalty or enforce compliance may be commenced at 

any time within two years of the date of the Final Notice of Assessment; 

and

    (F) Any civil monetary penalty and civil or equitable remedy imposed 

by the Final Notice of Assessment may be subject to judicial review in 

accordance with 5 U.S.C. 701 et seq.



[62 FR 42213, Aug. 6, 1997; 62 FR 44036, Aug. 18, 1997]