§4588 — Title 12 Banks and Banking | U.S. Code

Summary

The Director can require people to swear oaths, take and keep sworn testimony, and issue, change, or cancel subpoenas that make people appear or hand over documents during an administrative proceeding. Witnesses can be called from any State to the place where the proceeding is held. The Director can ask a U.S. district court—or ask the Attorney General to ask a court—in the district where the hearing is, where a witness lives or works, or in the District of Columbia to enforce a subpoena. Subpoenaed witnesses get the same fees and travel pay as in federal district courts. A court may order an enterprise to pay reasonable expenses and attorneys’ fees, and those must come from the enterprise or its assets.

Title 12, §4588

Banks and Banking — Source: USLM XML via OLRC

(a)In the course of or in connection with any administrative proceeding under this subpart, the Director shall have the authority—

(1)to administer oaths and affirmations;

(2)to take and preserve testimony under oath;

(3)to issue subpoenas and subpoenas duces tecum; and

(4)to revoke, quash, or modify subpoenas and subpoenas duces tecum issued by the Director.

(b)The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State at any designated place where such proceeding is being conducted.

(c)The Director may bring an action or may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. Such courts shall have jurisdiction and power to order and require compliance therewith.

(d)Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an enterprise may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise or from its assets.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 1130(e)(3)(E), substituted “Director” for “Secretary” in introductory provisions and in par. (4). Subsec. (c). Pub. L. 110–289, § 1130(e)(3)(E), substituted “Director” for “Secretary”. Pub. L. 110–289, § 1130(e)(2), inserted “may bring an action or” before “may request”.

§4588 Subpoena Authority

Summary

Title 12, §4588

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata