15.3.1 General

A. At any time a Production Director, a Regional Director, the Director of OMP, the Director of COB or the DAS for Multifamily Housing may initiate discussions with a MAP Lender, or may take certain actions as detailed below, regarding any concerns they have with respect to any of the Lender’s actions, submissions, personnel or changes the Lender should make in using its MAP authority.

B. HUD multifamily staff members must refer any possible instances of fraud, material misrepresentation or other criminal violations which they may observe to COB and the Office of the Inspector General.

C. A Production Director may recommend to the Regional Director that s/he recommend to the Director of OMP:

1. The issuance of a Letter of Caution, Warning Letter, Probation, Suspension or Termination of a MAP Lender; or,

2. That a referral be made to the DEC for a possible suspension, debarment or an LDP of an individual or a firm on a geographically restricted or nationwide basis, pursuant to Section 15.17.4, below.

• D. A Regional Director may recommend to the Director of OMP:

1. The issuance of a Letter of Caution, Warning Letter, Probation, Suspension or Termination of a MAP Lender; or

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2. That a referral be made to the DEC for a possible suspension, debarment or an LDP of an individual or a firm on a geographically restricted or nationwide basis, pursuant to Section 15.17.4, below.

• E. Only the Director of OMP may recommend to the Director of COB or to the DAS for Multifamily Housing:

1. The issuance of a Letter of Caution, Warning Letter, Probation, Suspension or Termination of a MAP Lender; or

2. That a referral be made to the DEC for a possible suspension, debarment or an LDP of an individual or a firm on a geographically restricted or nationwide basis, pursuant to Section 15.17.4, below.

F. Only the Director of COB may issue a Letter of Caution or a Warning Letter. The Director of COB or the DAS for Multifamily Housing may: 1) refer a MAP Lender to the MAP Lender Review Board for Probation, Suspension or Termination; 2) refer a MAP Lender to the Office of Fair Housing and Equal Opportunity (FHEO) for investigation of noncompliance with 24 CFR 200.30 regarding nondiscrimination and equal opportunity or, 3) refer a MAP Lender to the Mortgagee Review Board or the Office of Inspector General. Only the DAS for Multifamily Housing may refer an individual or a firm to the DEC for possible suspension, debarment or issuance of an LDP on a geographically restricted or nationwide basis, pursuant to Section 15.17.4, below.

G. A MAP Lender may be referred to the MAP Lender Review Board or to the Mortgagee Review Board without COB first issuing a Warning Letter or without COB first referring the Lender to the MAP Lender Review Board.

H. All sanction recommendations authorized in this section shall be in writing and shall state the reasons for the recommendations and the supporting facts, together with copies of all supporting documents.