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1 1 (1996-2023)

handle is hein.usfed/huddec0001 and id is 1 raw text is: UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF ADMINISTRATIVE LAW JUDGES In the Matter of: GUINN NURSING HOMES, INC., Respondent. HUDAT J 96-007-CMP Decided: September 25, 1996 James L. Anderson, Esquire For the Government Before: ALAN W. HEIFETZ Chief Administrative Law Judge DEFAULT JUDGMENT AND INITIAL DECISION On July 19, 1996, the Housing Civil Penalty Panel (the Panel) of the U.S. Department of Housing and Urban Development (the Department or HUD) filed a Complaint seeking a civil money penalty of $5,000 against Guinn Nursing Homes, Inc. (Respondent), pursuant to Section 537(c) of the National Housing Act, 12 U.S.C. § 1735f-15(c), and the applicable regulations under 24 C.F.R. Part 30. The Complaint charges that Respondent knowingly and materially failed to submit annual financial statements in a form acceptable to HUD for the years 1993 and 1994, as required by its Regulatory Agreement with HUD. The Complaint notified Respondent of its right to appeal the imposition of the civil money penalty by filing an Answer, and that failure to file an Answer within 15 days of receipt of the Complaint would result in the issuance of a Default Judgment. 24 C.F.R. §§ 30.500, 505 and 900. Respondent received a copy of the Complaint on July 23, 1996, but did not file an Answer. On September 12, 1996, the Department filed a Motion for Default Judgment. No further pleadings have been filed. The regulations provide that if the Respondent fails to file an Answer, the administrative law judge shall issue a Default Judgment. The judge shall assume the facts alleged in the Complaint to be true, and if such facts establish liability under 24 C.F.R. Part 30, Subpart D (Violations), shall issue a decision imposing the amount of penalty stated in the Complaint. 24 C.F.R. § 30.900(a), (b).

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