[¶11,113] In The Matter of Provident Bank - Dallas, Dallas, Texas, Docket No. HMD-94-92-37 (12-29-94).
Bank agrees to pay civil money penalty assessed by FDIC for violation of Home Mortgage Disclosure Act.
In The Matter of
PROVIDENT BANK - DALLAS
(Insured State Nonmember Bank)
STIPULATION AND CONSENT
ORDER TO PAY
Subject to the acceptance of this STIPULATION AND CONSENT ORDER TO PAY ("CONSENT ORDER"), by the Federal Deposit Insurance Corporation ("FDIC"), it is hereby stipulated and agreed between a representative of the Legal Division of the FDIC and Provident Bank - Dallas, Dallas, Texas ("Institution"), as follows:
1. The Institution, without admitting or denying liability in this action, agrees to the issuance of this CONSENT ORDER by the FDIC, pursuant to section 8(i) of the Federal Deposit Insurance Act ("Act"), 12 U.S.C. § 1818(i), section 305 of the Home Mortgage Disclosure Act, 12 U.S.C. § 2804, and section 203.6 of Regulation C of the Board of Governors of the Federal Reserve System, 12 C.F.R. § 203.6, assessing a civil money penalty in the amount of $2,500 against the Institution, related to its inaccurate submission of the applicable and loan data for calendar year 1992 required by HMDA.
2. This CONSENT ORDER shall become effective upon its issuance by the FDIC, and fully enforceable by the FDIC pursuant to the provisions of section 8(i) of the Act, 12 U.S.C. § 1818(i)(2)(I), subject only to the provisions of paragraph 3 set forth herein.
3. In the event the FDIC accepts and issues this CONSENT ORDER, it is agreed that no action will be taken to enforce said CONSENT ORDER in the appropriate United States District Court unless the Institution has failed to comply with the provisions of this CONSENT ORDER.
4. The Institution agrees to pay the civil money penalty of $2,500 in the form of a check, payable to the Treasurer of the United States, contemporaneously with its execution of this CONSENT ORDER.
5. The Institution hereby waives:
Dated this 15th day of December, 1994.
(a) Its right to the issuance of a formal NOTICE OF ASSESSMENT OF CIVIL MONEY PENALTY, FINDINGS OF FACT, AND CONCLUSIONS OF LAW ("NOTICE OF ASSESSMENT"), detailing the alleged charges giving rise to the assessment of a civil money penalty, and a NOTICE OF HEARING;
(b) All defenses in this proceeding;
(c) The filing of FINDINGS OF FACT AND CONCLUSIONS OF LAW;
(d) A hearing for the purpose of taking evidence on the allegations set forth in the NOTICE OF ASSESSMENT;
(e) A recommended decision by an Administrative Law Judge; and
(f) Exceptions and briefs with respect to such recommended decision.
Accepted and issued by the FDIC this 29th day of December, 1994.