---
kind: "section"
citation: "45 C.F.R. § 160.424"
title: "45"
number: "160.424"
heading: "Collection of penalty."
url: "https://uscodex.org/cfr/45/160.424"
---

# §160.424. 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

### Source

Source: 71 FR 8426, Feb. 16, 2006, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302(a); 42 U.S.C. 1320d-1320d-9; sec. 264, Pub. L. 104-191, 110 Stat. 2033-2034 (42 U.S.C. 1320d-2 (note)); 5 U.S.C. 552; secs. 13400-13424, Pub. L. 111-5, 123 Stat. 258-279; and sec. 1104 of Pub. L. 111-148, 124 Stat. 146-154.

### Source

Source: 65 FR 82798, Dec. 28, 2000, unless otherwise noted.