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12 U.S.C. § 4115 — Timetable for approval of plan of action

submitted 36 years ago by Pub. L. 100-242 to r/title-12-BANKS-AND-BANKING · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must quickly identify plan deficiencies and decide plans of action within set deadlines, with a chance to revise. A missed deadline can require equivalent assistance, unless deficiencies caused the delay.

(a) Within 60 days after receiving a plan of action, the Secretary must tell the owner in writing about deficiencies preventing approval and describe alternative revisions that could satisfy approval criteria. (b)(1) Within 180 days after receipt, or a longer period the owner requests, the Secretary must say in writing whether the plan, including revisions, is approved. If approval is denied, the notice must state the reasons and actions that could satisfy the criteria. (2) The Secretary must later give the owner a reasonable chance to revise and seek approval. (c) If the Secretary does not approve within the subsection (b) period, the Secretary must provide the incentives and assistance the owner would have received had the deadlines been met. This does not apply when deficiencies prevented approval. The owner may sue in the proper Federal district court to enforce this subsection.

the actual law source: uscode.house.gov ↗public domain
(a) Notification of deficiencies

Not later than 60 days after receipt of a plan of action, the Secretary shall notify the owner in writing of any deficiencies that prevent the plan of action from being approved. If deficiencies are found, such notice shall describe alternative ways in which the plan may be revised to meet the criteria for approval.

(b) Notification of approval
(1) In general

Not later than 180 days after receipt of a plan of action, or such longer period as the owner requests, the Secretary shall notify the owner in writing whether the plan of action, including any revisions, is approved. If approval is withheld, the notice shall describe—

(A)

the reasons for withholding approval; and

(B)

the actions that could be taken to meet the criteria for approval.

(2) Opportunity to revise

The Secretary shall subsequently give the owner a reasonable opportunity to revise the plan of action and seek approval.

(c) Delayed approval

If the Secretary does not approve a plan of action within the period under subsection (b), the Secretary shall provide incentives and assistance under this subchapter in the amount that the owner would have received if the Secretary had complied with such time limitations. The preceding sentence shall not apply if the plan of action was not approved because of deficiencies. An owner may bring an action in the appropriate Federal district court to enforce this subsection.

Source credit: (Pub. L. 100–242, title II, § 225, as added Pub. L. 101–625, title VI, § 601(a), Nov. 28, 1990, 104 Stat. 4266.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 100-242 · 104 Stat. 4266

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-242 on 1990-11-28.

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