---
kind: "section"
citation: "24 C.F.R. § 30.85"
title: "24"
number: "30.85"
heading: "Complaint."
url: "https://uscodex.org/cfr/24/30.85"
---

# §30.85. Complaint.

- (a) **General.** Upon the expiration of the period for the respondent to submit a response to the prepenalty notice, the official designated in [subpart B](/cfr/24/subpartB.md) of this part, or his or her designee (or the Mortgagee Review Board in actions under [§ 30.35](/cfr/24/30.35.md)) shall determine whether to seek a civil money penalty. Such determination shall be based upon a review of the prepenalty notice, the response, if any, and the factors listed at [§ 30.80](/cfr/24/30.80.md). A determination by the Mortgagee Review Board to seek a civil money penalty shall be by a majority vote of the Board.
- (b) If a determination is made to seek a civil money penalty, government counsel shall issue a complaint to the respondent on behalf of the officials listed at [subpart B](/cfr/24/subpartB.md) of this part or the Mortgagee Review Board for violations under [§ 30.35](/cfr/24/30.35.md). The complaint shall be served upon respondent and simultaneously filed with the Office of Hearings and Appeals, and shall state the following:
  - (1) The factual basis for the decision to seek a penalty;
  - (2) The applicable civil money penalty statute;
  - (3) The amount of penalty sought;
  - (4) The right to submit a response in writing, within 15 days of receipt of the complaint, requesting a hearing on any material fact in the complaint, or on the appropriateness of the penalty sought;
  - (5) The address to which a response must be sent;
  - (6) That the failure to submit a response may result in the imposition of the penalty in the amount sought.
- (c) A copy of this part and of [24 CFR part 26](/cfr/24/part26.md), [subpart B](/cfr/24/subpartB.md), shall be included with the complaint.
- (d) **Service of the complaint.** The complaint shall be served on the respondent by first class mail, personal delivery, or other means.

## Notes

### Amendments

[61 FR 50215, Sept. 24, 1996, as amended at 74 FR 2752, Jan. 15, 2009; 90 FR 24747, June 12, 2025]

### Authority

Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C. 1437z-1 and 3535(d).

### Source

Source: 61 FR 50215, Sept. 24, 1996, unless otherwise noted.

### Amendments

[61 FR 50215, Sept. 24, 1996, as amended at 74 FR 2752, Jan. 15, 2009; 90 FR 24747, June 12, 2025]