---
kind: "section"
citation: "42 C.F.R. § 3.424"
title: "42"
number: "3.424"
heading: "Collection of penalty."
url: "https://uscodex.org/cfr/42/3.424"
---

# §3.424. Collection of penalty.

- (a) Once a determination of the Secretary to impose a penalty has become final, the penalty will be collected by the Secretary, subject to the first sentence of [42 U.S.C. 1320a-7a(f)](/usc/42/1320a-7a.md?p=f).
- (b) The penalty may be recovered in a civil action brought in the United States district court for the district where the respondent resides, is found, or is located.
- (c) The amount of a penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States, or by a State agency, to the respondent.
- (d) Matters that were raised or that could have been raised in a hearing before an ALJ, or in an appeal under [42 U.S.C. 1320a-7a(e)](/usc/42/1320a-7a.md?p=e), may not be raised as a defense in a civil action by the United States to collect a penalty under this part.

## Notes

### Authority

Authority: 42 U.S.C. 216, 299b-21 through 299b-26; 42 U.S.C. 299c-6.

### Source

Source: 73 FR 70796, Nov. 21, 2008, unless otherwise noted.