13 CFR 146.400 - Penalties.

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§ 146.400 Penalties.

(a) Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $18,936 and not more than $189,361 for each such expenditure.

(b) Any person who fails to file or amend the disclosure form (see appendix B) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $18,936 and not more than $189,361 for each such failure.

(c) A filing or amended filing on or after the date on which an administrative action for the imposition of a civil penalty is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. An administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure.

(d) In determining whether to impose a civil penalty, and the amount of any such penalty, by reason of a violation by any person, the agency shall consider the nature, circumstances, extent, and gravity of the violation, the effect on the ability of such person to continue in business, any prior violations by such person, the degree of culpability of such person, the ability of the person to pay the penalty, and such other matters as may be appropriate.

(e) First offenders under paragraphs (a) or (b) of this section shall be subject to a civil penalty of $18,936, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $18,936 and $189,361, as determined by the agency head or his or her designee.

(f) An imposition of a civil penalty under this section does not prevent the United States from seeking any other remedy that may apply to the same conduct that is the basis for the imposition of such civil penalty.

[55 FR 6737. 6747, Feb. 26, 1990, as amended at 81 FR 31492, May 19, 2016]

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United States Code

Title 13 published on 2015-10-16

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR Part 146 after this date.

  • 2016-05-19; vol. 81 # 97 - Thursday, May 19, 2016
    1. 81 FR 31489 - Civil Penalties Inflation Adjustments
      GPO FDSys XML | Text
      SMALL BUSINESS ADMINISTRATION
      Interim final rule with request for comments.
      Effective Date: This rule is effective on August 1, 2016. Comment Date: Comments must be received on or before July 18, 2016.
      13 CFR Parts 107, 120, 121, 124, 125, 126, 127, 142, and 146

Title 13 published on 2015-10-16.

The following are only the Rules published in the Federal Register after the published date of Title 13.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-05-19; vol. 81 # 97 - Thursday, May 19, 2016
    1. 81 FR 31489 - Civil Penalties Inflation Adjustments
      GPO FDSys: XML | Text
      SMALL BUSINESS ADMINISTRATION
      Interim final rule with request for comments.
      Effective Date: This rule is effective on August 1, 2016. Comment Date: Comments must be received on or before July 18, 2016.
      13 CFR Parts 107, 120, 121, 124, 125, 126, 127, 142, and 146