§ 45.202. Initial procedure.
When the Commission becomes aware of an unlawful advertisement, which is subject to a citation, from sources other than aggrieved persons seeking housing or commercial property or financing in connection therewith, the following procedures apply:
(1) The advertisements shall be forwarded to the appropriate regional housing staff in their original form, if possible, with information regarding their publication.
(2) Housing staff shall complete the Commission Citation Form (see § 45.204 (relating to form)).
(i) The form shall be forwarded to the housing director for review and transmittal to the Executive Director/designee.
(ii) The Executive Director/designee shall sign and return the citation to the housing director.
(iii) The Housing Director shall cause the citation to be entered on an appropriate database assigning the citation a number consisting of:
(A) ‘‘C’’ = Citation
(B) ‘‘1,2,3’’ = Regional Office
(C) ‘‘Y’’ = Calendar Year
(D) ‘‘#’’ = Representing sequential numerical docketing
(3) A copy of the citation and Subchapter B (relating to housing advertisements—guidelines and statement of policy) shall be sent to the parties cited and when appropriate to licensing or regulatory agencies, or both. The letter shall set forth the following options:
(i) Admission of violation and payment of the appropriate civil penalty.
(ii) Denial of violation, payment of the appropriate amount of civil penalty and request for formal hearing. Included in this option is the notice that failure to appear at the hearing will result in a default judgment.
(iii) Admission to some violations and denial of others which would involve appropriate payment, in separate payments, of the amount of civil penalties for those admitted and those denied for which a hearing was requested.
(4) Failure to respond or take any of the options set forth in paragraph (3) within 15 days of service of the citation will result in a default judgment for the full amount of the penalty.
(5) Failure to pay a civil penalty could result in additional penalties, or a request for revocation, suspension of other disciplinary actions against licensees or other action including court proceedings which the Commission deems appropriate.
(6) Procedures will be established in the Commission’s Office of Administration to administer the following options:
(i) Process checks and forward them when violations are admitted.
(ii) Denial of violation, payment of the appropriate amount of civil penalty and request for formal hearing. Included in this option is the notice that failure to appear at the hearing will result in a default judgment.
(iii) Admission of some violations and denial of others which would involve appropriate payment (in separate payments) of the amount of civil penalties for those admitted and those denied for which a hearing was requested.
(7) Failure to respond or take any of the actions set forth in paragraph (6) within 15 days of service of the citation will result in a default judgment for the full amount of the penalty.
(8) Failure to pay a civil penalty could result in additional penalties, or a request for revocation, suspension of other disciplinary actions against licensees or other action including court proceedings which the Commission deems appropriate.
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