12-U.S.C.-4582
§4582 – Hearings
Pathway
Title 12 > Chapter 46 > Subchapter I > Part B > Subpart 3 > Section 4582
Details
- Reference: Section 4582
- Legend: §4582 – Hearings
- USCode Year: 2013
Provision Content
(a) Requirements
(1) Venue and record
Any hearing under section 4581 or 4585 of this title shall be held on the record and in the District of Columbia.
(2) Timing
Any such hearing shall be fixed for a date not earlier than 30 days nor later than 60 days after service of the notice of charges under section 4581(b)(1) of this title or determination to impose a penalty under section 4585(c)(1) of this title, unless an earlier or a later date is set by the hearing officer at the request of the enterprise served.
(3) Procedure
Any such hearing shall be conducted in accordance with chapter 5 of title 5.
(4) Failure to appear
If the enterprise served fails to appear at the hearing through a duly authorized representative, such enterprise shall be deemed to have consented to the issuance of the cease-and-desist order or the imposition of the penalty for which the hearing is held.
(b) Issuance of order
(1) In general
After any such hearing, and within 90 days after the enterprise has been notified that the case has been submitted to the Director for final decision, the Director shall render the decision (which shall include findings of fact upon which the decision is predicated) and shall issue and serve upon the enterprise an order or orders consistent with the provisions of this subpart.
(2) Modification
Judicial review of any such order shall be exclusively as provided in section 4583 of this title. Unless such a petition for review is timely filed as provided in section 4583 of this title, and thereafter until the record in the proceeding has been filed as so provided, the Director may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the Director considers proper. Upon such filing of the record, the Director may modify, terminate, or set aside any such order with permission of the court.
(Pub. L. 102–550, title XIII, §1342, Oct. 28, 1992, 106 Stat. 3965; Pub. L. 110–289, div. A, title I, §1130(e)(3)(A), July 30, 2008, 122 Stat. 2711.)
Amendments
2008—Subsec. (b). Pub. L. 110–289 substituted Director for Secretary wherever appearing.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-4546 in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-4546, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
12-U.S.C.-4581 in the Legal Encyclopedia: Government Sponsored Enterprises
In this entry about 12-U.S.C.-4581, find legal reference material, bibliographies and premiere content related to government sponsored enterprises in the American Encyclopedia of Law, presenting a comprehensive view of the United States government sponsored enterprises-specific issues, written by authorities in the field.
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