Title 12Banks and BankingRelease 119-73not60

§2266 Hearings and Judicial Review

Title 12 › Chapter 23— FARM CREDIT SYSTEM › Subchapter V— FARM CREDIT ADMINISTRATION ORGANIZATION › Part C— Enforcement Powers of Farm Credit Administration › § 2266

Last updated Apr 3, 2026|Official source

Summary

Hearings must be held where the institution’s main office is, unless the person getting the hearing agrees to another place. Hearings follow the usual federal rules for administrative hearings. They are private unless the Farm Credit Administration (FCA) decides, after asking the person’s view, that the public must hear it. After the hearing, the FCA must issue a written decision with its facts and orders within 90 days after it tells the parties the case is ready for a final decision. Until someone timely files for court review, the FCA may change or cancel its order. Once the court record is filed, the FCA may only change the order with the court’s permission. Anyone in the case or anyone ordered to stop a practice can ask a court to review the FCA’s order, except for certain consent orders or orders under a different rule. A petition must be filed in the right U.S. Court of Appeals (the circuit where the home office is, or the D.C. Circuit) within 30 days of service. The court gets the record, then can keep, change, or undo the FCA order. Filing for review does not pause the FCA order unless the court orders a stay.

Full Legal Text

Title 12, §2266

Banks and Banking — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5.30 of Pub. L. 92–181 was renumbered section 5.44 and transferred from section 2260 to section 2275 of this title, prior to repeal by Pub. L. 115–334, title V, § 5411(36), Dec. 20, 2018, 132 Stat. 4683.

Amendments

1988—Subsec. (a). Pub. L. 100–233 substituted “this section” for “this subsection (g)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective thirty days after Dec. 23, 1985, see section 401 of Pub. L. 99–205, set out as an

Effective Date

of 1985 Amendment note under section 2001 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 2266

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60