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12 U.S.C. § 2266Hearings and judicial review

submitted 41 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 632 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets where Farm Credit Administration hearings occur, when they are private, how decisions and orders issue, and how courts review them. Filing for review does not automatically stay an order.

(a) Hearings under this part, except the § 2265 hearing, occur in the federal district or territory where the institution’s home office is located unless the hearing party agrees to another place. They follow title 5 chapter 5. They are private unless the Administration, after considering the party’s views, decides a public hearing is needed to protect the public interest. Within 90 days after telling the parties the case was submitted for final decision, the Administration must decide, state its factual findings, and serve an order consistent with this part. Review is available only as this section provides. Until a timely review petition is filed and the record is filed, the Administration may modify, end, or set aside its order with proper notice and procedure. After the record is filed, it may do so only with court permission. (b) A party, or a person ordered to stop the listed conduct, may seek review of an order other than a consent order or a § 2265 order by filing within 30 days in the circuit where the home office is located or the D.C. Circuit. The petition asks to modify, end, or set aside the order. The clerk sends it to the Administration, which files the record under 28 U.S.C. § 2112. The court then has jurisdiction, exclusive after the record is filed except as stated in subsection (a), to affirm, change, end, or set aside the order in whole or part. Review follows title 5 chapter 7. The judgment is final subject to Supreme Court certiorari under § 1254. (c) Starting judicial review does not stay the Administration’s order unless the court specifically orders a stay.
the actual law source: uscode.house.gov ↗public domain
(a) Venue; closed hearings; decisions and findings of fact; orders; modification or other action by Farm Credit Administration; judicial review

Any hearing provided for in this part (other than the hearing provided for in section 2265 of this title) shall be held in the Federal judicial district or in the territory in which the home office of the institution is located unless the party afforded the hearing consents to another place, and shall be conducted in accordance with the provisions of chapter 5 of title 5. Such hearing shall be private, unless the Farm Credit Administration, in its discretion, after fully considering the views of the party afforded the hearing, determines that a public hearing is necessary to protect the public interest. After such hearing, and within ninety days after the Farm Credit Administration has notified the parties that the case has been submitted to it for final decision, it shall render its decision (which shall include findings of fact upon which its decision is predicated) and shall issue and serve upon each party to the proceeding an order or orders consistent with the provisions of this part. Judicial review of any such order shall be exclusively as provided in this section. Unless a petition for review is timely filed in a court of appeals of the United States, as hereinafter provided in subsection (b), and thereafter until the record in the proceeding has been filed as so provided, the Farm Credit Administration may at any time, upon such notice and in such manner as it shall deem proper, modify, terminate, or set aside any such order. Upon such filing of the record, the Farm Credit Administration may modify, terminate, or set aside any such order with permission of the court.

(b) Judicial review; commencement of proceedings; filing of petition and record; exclusive jurisdiction; finality of judgment and decree

Any party to the proceeding, or any person required by an order issued under this part to cease and desist from any of the violations or practices stated therein, may obtain a review of any order served under subsection (a) (other than an order issued with the consent of the System institution or the director or officer or other person concerned, or an order issued under section 2265 of this title) by the filing in the court of appeals of the United States for the circuit in which the home office of the institution is located, or in the United States Court of Appeals for the District of Columbia Circuit, within thirty days after the date of service of such order, a written petition praying that the order of the Farm Credit Administration be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Farm Credit Administration, and thereupon the Farm Credit Administration shall file in the court the record in the proceeding, as provided in section 2112 of title 28. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall except as provided in the last sentence of subsection (a) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Farm Credit Administration. Review of such proceedings shall be had as provided in chapter 7 of title 5. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28.

(c) Proceedings operating as stays of orders

The commencement of proceedings for judicial review under subsection (b) shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Farm Credit Administration.

Source credit: (Pub. L. 92–181, title V, § 5.30, as added Pub. L. 99–205, title II, § 204, Dec. 23, 1985, 99 Stat. 1699; amended Pub. L. 100–233, title VIII, § 805(cc), Jan. 6, 1988, 101 Stat. 1717.)

history & why it existsrecord from the source credit
  • 1985Enacted · Pub. L. 92-181 · 99 Stat. 1699
  • 1988Amended · Pub. L. 100-233 · 101 Stat. 1717

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-181 on 1985-12-23.

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