---
kind: "section"
citation: "24 C.F.R. § 81.82"
title: "24"
number: "81.82"
heading: "Cease-and-desist proceedings."
url: "https://uscodex.org/cfr/24/81.82"
---

# §81.82. Cease-and-desist proceedings.

- (a) **Issuance.** The Secretary may issue and serve upon a GSE a written notice of charges justifying issuance of a cease-and-desist order, if the Secretary determines the GSE:
  - (1) Has failed to submit, within the time prescribed in [§ 81.22](/cfr/24/81.22.md), a housing plan that substantially complies with [12 U.S.C. 4566(c)](/usc/12/4566.md?p=c), as implemented by [§ 81.22](/cfr/24/81.22.md);
  - (2) Is failing or has failed, or there is reasonable cause to believe that the GSE is about to fail, to make a good-faith effort to comply with a housing plan submitted to and approved by the Secretary; or
  - (3) Has failed to submit any of the information required under sections 309(m) or (n) of the Fannie Mae Charter Act, sections 307(e) or (f) of the Freddie Mac Act, or [subpart E](/cfr/24/subpartE.md) of this part.
- (b) **Procedures—**
  - (1) **Content of notice.** The notice of charges shall provide:
    - (i) A concise statement of the facts constituting the alleged misconduct and the violations with which the GSE is charged;
    - (ii) Notice of the GSE's right to a hearing on the record;
    - (iii) A time and date for a hearing on the record;
    - (iv) A statement of the consequences of failing to contest the matter; and
    - (v) **The effective date of the order if the GSE does not contest the matter.**
  - (2) **Administrative Law Judge.** A HUD Administrative Law Judge (ALJ) shall preside over any hearing conducted under this section. The hearing shall be conducted in accordance with [§ 81.84](/cfr/24/81.84.md) and, to the extent the provisions are not inconsistent with any of the procedures in this part or FHEFSSA, with [24 CFR part 26](/cfr/24/part26.md), subpart B.
  - (3) **Issuance of order.** If the GSE consents to the issuance of the order or the ALJ finds, based on the hearing record, that a preponderance of the evidence established the conduct specified in the notice of charges, the ALJ may issue and serve upon the GSE an order requiring the GSE to:
    - (i) Submit a housing plan that substantially complies with [12 U.S.C. 4566(c)](/usc/12/4566.md?p=c), as implemented by [§ 81.22](/cfr/24/81.22.md);
    - (ii) Comply with a housing plan; or
    - (iii) **Provide the information required under subpart E of this part.**
  - (4) **Effective date.** An order under this section shall be effective as provided in [12 U.S.C. 4581(c)](/usc/12/4581.md?p=c) and [§ 81.84(m)](/cfr/24/81.84.md?p=m).

## Notes

### Amendments

[60 FR 61888, Dec. 1, 1995, as amended at 61 FR 50218, Sept. 24, 1996]

### Authority

Authority: 12 U.S.C. 1451 et seq., 1716-1723h, and 4501-4641; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 3601-3619.

### Source

Source: 60 FR 61888, Dec. 1, 1995, unless otherwise noted.

### Amendments

[60 FR 61888, Dec. 1, 1995, as amended at 61 FR 50218, Sept. 24, 1996]