# Civil Money Penalties: Certain Prohibited Conduct
> **US Department of Housing and Urban Development** · Final rule. · Published 2009-01-15 · Effective 2009-02-17 · 74 FR 2750
## Document
- **Document number:** E9-851
- **Category:** hud-other
- **Agency:** US Department of Housing and Urban Development
- **Federal Register citation:** 74 FR 2750
- **CFR reference:** 24 CFR 30
- **Publication date:** 2009-01-15
- **Effective date:** 2009-02-17
- **Docket:** Docket No. FR-5081-F-02
## Abstract

This final rule revises HUD's regulations that govern the imposition of civil money penalties. Specifically, this rule revises the definitions of "material or materially" and adds a definition of "ability to pay," which is one factor used in determining the appropriateness of the amount of any civil money penalty. Additionally, this rule requires respondents, in their responses to the prepenalty notice, to specifically address the factors used in determining the appropriateness and amount of civil money penalty. This rule also allows government counsel to file complaints on behalf of the Mortgagee Review Board and departmental officials. Finally, this rule makes other minor clarifying changes. This final rule follows publication of an October 17, 2008, proposed rule, but makes no changes at this final rule stage.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2009/01/15/E9-851/civil-money-penalties-certain-prohibited-conduct)
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