§4582 Hearings

Summary

Require hearings to be on the record and held in the District of Columbia. The hearing date must be set no sooner than 30 days and no later than 60 days after the notice of charges under section 4581(b)(1) or the penalty decision under section 4585(c)(1), unless the hearing officer agrees to a different date at the enterprise’s request. The hearing must follow the rules in chapter 5 of title 5. If the enterprise does not show up through an authorized representative, it is treated as agreeing to the cease-and-desist order or the penalty. After the hearing, the Director must decide and issue an order within 90 days after telling the enterprise the case was sent to the Director, and the decision must include the facts the Director relied on. Court review is only as allowed in section 4583. If no timely petition under section 4583 is filed, and until the record is filed, the Director may change or end an order with proper notice. Once the record is filed, the Director may change or end an order only with the court’s permission.