Builder Beazer Homes USA (BZH) disclosed Monday that Ian J. McCarthy, the company's chief executive, received a Wells notice from the Securities and Exchange Commission.

The commission has "preliminarily determined to recommend that the Commission bring a civil action against him to collect certain incentive compensation and other amounts allegedly due," the filing said.

It doesn't allege any "lack of due care" by McCarthy in connection with financial statements or other disclosures. Beazer, the nation's ninth-largest builder by annual closings, isn't named.

A Wells Notice is a letter the SEC sends when it is planning to bring an enforcement action.

The company wasn't immediately available for comment.

In September of 2008, the Atlanta-based company settled with the commission - without admitting or denying wrongdoing - that resolved an investigation into the financial-statement matters subject of an independent investigation conducted by the builder's audit committee, according to the filing.

Shares of Beazer down 2.37% at $5.36.

-By Dawn Wotapka, Dow Jones Newswires; 212-416-2193; dawn.wotapka@dowjones.com
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