24 C.F.R. § 30.75
Response to prepenalty notice
(a) The response shall be in a format prescribed in the prepenalty notice. The response shall address the factors set forth in § 30.80 and include any arguments opposing the imposition of a civil money penalty that the respondent may wish to present.
(b) In any case where respondent seeks to raise ability to pay as an affirmative defense or argument in mitigation, the respondent shall provide documentary evidence as part of its response.
Notes of Decisions
Cited in 1
case, 2015–2015 · leading case: Grier v. United States Dep't of Hous. & Urban Dev., 797 F.3d 1049 (D.C. Cir. 2015).
Grier v. United States Dep't of Hous. & Urban Dev., 797 F.3d 1049 (D.C. Cir. 2015). “Pursuant to 24 C.F.R. §§ 30.75 (b) and 30.80(c), the Secretary explained, the ability to pay a penalty is presumed unless it is raised as an affirmative defense and documentary evidence is provided.”
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