42 CFR § 3.424 - Collection of penalty.

---
identifier: "/us/cfr/t42/s3.424"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 3.424 - Collection of penalty."
title_number: 42
title_name: "Public Health"
section_number: "3.424"
section_name: "Collection of penalty."
chapter_name: "PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "A"
subchapter_name: "GENERAL PROVISIONS"
part_number: "3"
part_name: "PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 216, 299b-21 through 299b-26; 42 U.S.C. 299c-6."
regulatory_source: "73 FR 70796, Nov. 21, 2008, unless otherwise noted."
cfr_part: "3"
---


# 3.424 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).

(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), may not be raised as a defense in a civil action by the United States to collect a penalty under this part.