; (vii) the passage rates of students at the institution in obtaining certification requirements; (viii) the passage rates of students who sit for licensing examinations; or (ix) the employability of the graduates of the institution. (B) A violation as follows that is determined to constitute an unfair, deceptive, or abusive act or practice: (i) A violation of section 487(a)(20). (ii) A violation of the default manipulation regulations promulgated by the Secretary under section 435(m)(3). (iii) Failure to comply with the program review process described in section 498A. (iv) A violation of the program integrity regulations promulgated by the Secretary under this Act. (v) A violation of this Act that the Secretary has determined, by regulation, to be a serious violation for purposes of this section. (b) Sanctions for substantial misrepresentations or serious violations (1) Civil penalties (A) In general The Secretary may impose a civil penalty upon an eligible institution upon making a determination, after reasonable notice and opportunity for a hearing, that an eligible institution has engaged in a substantial misrepresentation or other serious violation. (B) Amount of civil penalties A civil penalty imposed for a violation under subparagraph (A) shall be not less than $100,000 or— (i) in the case of a first violation, an amount equal to the product of $1,000,000 multiplied by the institution’s student default risk, whichever is larger; (ii) in the case of a second violation, an amount equal to the product of $2,000,000 multiplied by the institution’s student default risk, whichever is larger