| (a) The enforcement mechanisms referenced in this chapter
are not the exclusive mechanisms whereby compliance may be obtained
in any particular circumstance. Enforcement mechanisms related to
Department programs may include, where applicable, those required
or employed by other entities or agencies. With regard to the low-income
housing tax credit program, if an identified Event of Noncompliance
is required to be reported to the Internal Revenue Service, (IRS)
it will be reported by the Compliance Division on form 8823. For federally
funded Programs or activities, the Department may recommend that a
federal funding agency initiate a debarment proceeding under 2 CFR
Part 180 or 2 CFR 2424, as applicable. Program Agreements may also
include additional enforcement mechanisms, federal reporting, or penalties.
(b) Enforcement mechanisms available to the Department
include but are not limited to:
(1) Enforcement of contractual provisions in the Program
Agreements including, but not limited to, options to place a Development
into receivership, and rights of suspension or termination, and placement
on a cost reimbursement status as described in Subchapter B of this
chapter (relating to Enforcement for Noncompliance with Program Requirements
of Chapters 6 and 7);
(2) Consideration of a reasonable plan for correction,
warning letter, informal conference, and assessment of administrative
penalties, as further described in Subchapter C of this chapter (relating
to Administrative Penalties); or
(3) Debarment, as described in Subchapter D of this
chapter (relating to Debarment from Participation in Programs Administered
by the Department).
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