§2266 Hearings and Judicial Review

Summary

Hold the hearing in the federal district or territory where the institution’s main office is, unless the person getting the hearing agrees to a different place. Follow the administrative hearing rules in chapter 5 of title 5. Hearings are private unless the Farm Credit Administration (FCA), after hearing the person’s views, decides a public hearing is needed. Within 90 days after FCA says the case is ready for a final decision, FCA must issue a decision that explains the facts it relied on and must send each party an order based on that decision. Before a timely appeal is filed and until the official record is filed in court, FCA may change or cancel its order. After the record is filed, FCA can only change the order with the court’s permission. Any party to the hearing, or anyone ordered to stop certain actions, can ask a court of appeals to review the order. The appeal must be filed in the court of appeals for the circuit where the institution’s main office is, or in the D.C. Circuit, within 30 days after the order is served. The court clerk sends the petition to FCA, and FCA files the case record in court. Once the record is filed, that court has exclusive power to confirm, change, cancel, or partly undo the FCA’s order. Court review follows chapter 7 of title 5. The court’s judgment is final unless the Supreme Court takes the case. Starting an appeal does not automatically pause the FCA order unless the court orders a stay.