United States Ninth Circuit

Petition for review of an administrative decision of the HUD imposing civil monetary penalties on petitioners for a failure to provide HUD with audited annual financial statements relating to the operation of petitioners' multifamily housing project is denied over claims that: 1) the HUD was without jurisdiction to impose penalties due to petitioners' prepayment of the HUD-insured loan prior to the final adjudication of an ALJ; 2) the decision to impose penalties was arbitrary and capricious in violation of the APA due to the standard used by the ALJ when making materiality findings; and 3) the decision imposing penalties was not supported by substantial evidence.

Appellate Information

• Argued 11/15/2006
• Decided 09/20/2007
• Published 09/20/2007

Judges

• Before:  WILLIAM C. CANBY, JR., JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jack Z. Yetiv, Gardnerville, NV, for the petitioners.


• For Appellees:
  
• Greg Addington, Assistant United States Attorney, Reno, NV, for the respondent.