§4633 — Title 12 Banks and Banking | U.S. Code

Summary

Hearings under sections 4631, 4636(c), or 4636a must be recorded and held in Washington, D.C. The hearing date must be set at least 30 days and no more than 60 days after the notice or penalty decision is served, unless the hearing officer changes the date at a party’s request. The hearing must follow the procedures in chapter 5 of Title 5. If the person served does not appear or send an authorized representative, they are treated as having agreed to the order or penalty. After the hearing, the Director must issue a written decision with findings within 90 days after parties are told the case was sent to the Director, and must send the order to each party. Court review is only under section 4634. If no timely petition for review is filed as section 4634 requires, and until the record is filed in court, the Director may change, end, or cancel an order with proper notice. Once the record is filed, the Director may only change an order with the court’s permission.

Title 12, §4633

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(a)(1)Any hearing under section 4631, 4636(c), or 4636a of this title shall be held on the record and in the District of Columbia.

(2)Any such hearing shall be fixed for a date not earlier than 30 days nor later than 60 days after service of the notice of charges under section 4631 or 4636a of this title or determination to impose a penalty under section 4636 of this title, unless an earlier or a later date is set by the hearing officer at the request of the party served.

(3)Any such hearing shall be conducted in accordance with chapter 5 of title 5.

(4)If the party served fails to appear at the hearing through a duly authorized representative, such party shall be deemed to have consented to the issuance of the cease-and-desist or removal or prohibition order or the imposition of the penalty for which the hearing is held.

(b)(1)After any such hearing, and within 90 days after the parties have been notified that the case has been submitted to the Director for final decision, the Director shall render the decision (which shall include findings of fact upon which the decision is predicated) and shall issue and serve upon each party to the proceeding an order or orders consistent with the provisions of this subchapter.

(2)Judicial review of any such order shall be exclusively as provided in section 4634 of this title. Unless such a petition for review is timely filed as provided in section 4634 of this title, and thereafter until the record in the proceeding has been filed as so provided, the Director may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the Director considers proper. Upon such filing of the record, the Director may modify, terminate, or set aside any such order with permission of the court.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a)(1). Pub. L. 110–289, § 1153(b)(1)(B)(i), substituted “section 4631, 4636(c), or 4636a of this title” for “section 4631 or 4636(c) of this title”. Subsec. (a)(2). Pub. L. 110–289, § 1153(b)(1)(B)(ii), inserted “or 4636a” after “section 4631”. Subsec. (a)(4). Pub. L. 110–289, § 1153(b)(1)(B)(iii), which directed amendment of par. (4) by inserting “or removal or prohibition” after “cease and desist”, was executed by making the insertion after “cease-and-desist” to reflect the probable intent of Congress.

§4633 Hearings

Summary

Title 12, §4633

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata