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12 U.S.C. § 4633 — Hearings

submitted 34 years ago by Pub. L. 102-550 to r/title-12-BANKS-AND-BANKING · 337 words · no verdicts yet

in plain englishAI-generated · not legal advice

Hearings under the listed provisions must be on the record in the District of Columbia and follow specified timing and procedures. The Director must issue a decision and order after the hearing.

(a) Requirements (1) Venue and record Any hearing under section 4631, 4636(c), or 4636a of this title must be held on the record and in the District of Columbia. (2) Timing Any such hearing must be fixed for a date not earlier than 30 days nor later than 60 days after service of the notice of charges under section 4631 or 4636a of this title or determination to impose a penalty under section 4636 of this title , unless an earlier or a later date is set by the hearing officer at the request of the party served. (3) Procedure Any such hearing must be conducted under chapter 5 of title 5. (4) Failure to appear If the party served fails to appear at the hearing through a duly authorized representative, such party must be treated to have consented to the issuance of the cease-and-desist or removal or prohibition 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 parties have been notified that the case has been submitted to the Director for final decision, the Director must render the decision (which must include findings of fact upon which the decision is predicated) and must issue and serve upon each party to the proceeding an order or orders consistent with the provisions of this subchapter. (2) Modification Judicial review of any such order must be exclusively as provided in section 4634 of this title . Unless such a petition for review is timely filed as provided in section 4634 of this title , and thereafter until the record in the proceeding has been filed as so provided, the Director may at any time, modify, end, 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, end, or set aside any such order with permission of the court.

the actual law source: uscode.house.gov ↗public domain
(a) Requirements
(1) Venue and record

Any hearing under section 4631, 4636(c), or 4636a 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 4631 or 4636a of this title or determination to impose a penalty under section 4636 of this title, unless an earlier or a later date is set by the hearing officer at the request of the party served.

(3) Procedure

Any such hearing shall be conducted in accordance with chapter 5 of title 5.

(4) Failure to appear

If the party served fails to appear at the hearing through a duly authorized representative, such party shall be deemed to have consented to the issuance of the cease-and-desist or removal or prohibition 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 parties have 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 each party to the proceeding an order or orders consistent with the provisions of this subchapter.

(2) Modification

Judicial review of any such order shall be exclusively as provided in section 4634 of this title. Unless such a petition for review is timely filed as provided in section 4634 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.

Source credit: (Pub. L. 102–550, title XIII, § 1373, Oct. 28, 1992, 106 Stat. 3989; Pub. L. 110–289, div. A, title I, § 1153(b)(1)(B), July 30, 2008, 122 Stat. 2774.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-550 · 106 Stat. 3989
  • 2008Amended · Pub. L. 110-289 · 122 Stat. 2774

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-550 on 1992-10-28.

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