---
kind: "section"
citation: "45 C.F.R. § 1149.70"
title: "45"
number: "1149.70"
heading: "How are civil penalties and assessments collected?"
url: "https://uscodex.org/cfr/45/1149.70"
---

# §1149.70. How are civil penalties and assessments collected?

- (a) Civil actions to recover penalties or assessments must commence within 3 years after the date of a final decision determining your liability.
- (b) The Attorney General is responsible for judicial enforcement of civil penalties or assessments imposed. He/she has exclusive authority to compromise or settle any penalty or assessment during the pendency of any action to collect penalties or assessments under [31 U.S.C. 3806](/usc/31/3806.md).
- (c) Penalties or assessments imposed by a final decision may be recovered in a civil action brought by the Attorney General.
  - (1) **The district courts of the United States have jurisdiction of such civil actions.**
  - (2) The United States Court of Federal Claims has jurisdiction of any civil action to recover any penalty or assessment if the cause of action is asserted by the government as a counterclaim in a matter pending in such court.
  - (3) Civil actions may be joined and consolidated with or asserted as a counterclaim, cross-claim, or set off by the government in any other civil action which includes you and the government as parties.
  - (4) Defenses raised at the hearing, or that could have been raised, may not be raised as a defense in the civil action. Determination of liability and of the amounts of penalties and assessments must not be subject to review.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.