§2266 Hearings and judicial review

Summary

Hearings must take place in the federal judicial district or territory where the institution’s main office is, unless the person getting the hearing agrees to a different place. The Farm Credit Administration runs the hearing under the federal agency hearing rules (chapter 5 of title 5). Hearings are private unless the Administration decides, after hearing the party’s views, that a public hearing is needed. After the hearing, the Administration must issue a written decision with its findings and serve orders to the parties within 90 days after it says the case is ready. Before someone files a timely appeal and until the case record is filed in court, the Administration may change or cancel its order. Once the record is filed, the Administration can only change an order with the court’s permission. Any party to the hearing, or a person ordered to stop certain practices, may ask a U.S. court of appeals for review within 30 days of getting the order (in the circuit where the institution’s main office is, or in the D.C. Circuit). The court clerk sends a copy to the Administration, which must file the case record (under section 2112 of title 28). When the petition and record are filed, that court has exclusive power to uphold, change, or cancel the Administration’s order, and it reviews the case under the federal review rules (chapter 7 of title 5). The court’s decision is final unless the Supreme Court takes the case by certiorari (section 1254 of title 28). Filing an appeal does not automatically stop the Administration’s order unless the court orders a stay.