---
kind: "section"
citation: "11 C.F.R. § 111.40"
title: "11"
number: "111.40"
heading: "What happens if the respondent does not pay the civil money penalty pursuant to 11 CFR 111.34 and does not submit a written response to the reason to believe finding pursuant to 11 CFR 111.35?"
url: "https://uscodex.org/cfr/11/111.40"
---

# §111.40. What happens if the respondent does not pay the civil money penalty pursuant to 11 CFR 111.34 and does not submit a written response to the reason to believe finding pursuant to 11 CFR 111.35?

- (a) If the Commission, after the respondent has failed to pay the civil money penalty and has failed to submit a written response, determines by an affirmative vote of at least four (4) of its members that the respondent has violated [52 U.S.C. 30104(a)](/usc/52/30104.md?p=a) and determines the amount of the civil money penalty, the respondent shall be notified in writing of its final determination.
- (b) The respondent shall transmit payment of the civil money penalty to the Commission within thirty (30) days of receipt of the Commission's final determination.
- (c) Failure to pay the civil money penalty may result in the commencement of collection action under [31 U.S.C. 3701](/usc/31/3701.md) et seq. (1996), or a civil suit pursuant to [52 U.S.C. 30109(a)(6)(A)](/usc/52/30109.md?p=a-6-A), or any other legal action deemed necessary by the Commission.

## Notes

### Amendments

[65 FR 31794, May 19, 2000, as amended at 79 FR 77848, Dec. 29, 2014; 89 FR 218, Jan. 2, 2024]

### Source

Source: 65 FR 31794, May 19, 2000, unless otherwise noted.

### Authority

Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28 U.S.C. 2461 note; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as amended; 31 CFR parts 285 and 900-904.

### Source

Source: 45 FR 15120, Mar. 7, 1980, unless otherwise noted.

### Amendments

[65 FR 31794, May 19, 2000, as amended at 79 FR 77848, Dec. 29, 2014; 89 FR 218, Jan. 2, 2024]