§4634 — Title 12 Banks and Banking | U.S. Code

Summary

Anyone who was a party in a case under sections 4631, 4513b, 4636, or 4636a can ask the U.S. Court of Appeals for the D.C. Circuit to review a final order. They must file a written petition within 30 days after the order was served. The court clerk must send a copy of the petition to the Director. The Director must then file the case record with the court under section 2112 of title 28. Once the petition is filed, that court has jurisdiction (exclusive after the record is filed, except as noted in section 4633(b)(2)) to uphold, change, end, or set aside the Director’s order. The review follows chapter 7 of title 5. The court can also order payment of any penalty the Director imposed. Filing for review does not stop the Director’s order unless the court specifically orders a stay.

Title 12, §4634

Banks and Banking — Source: USLM XML via OLRC

(a)Any party to a proceeding under section 4631 11 So in original. Probably should be followed by a comma. 4513b, 4636, or 4636a of this title may obtain review of any final order issued under this chapter by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Director be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Director.

(b)Upon receiving a copy of a petition, the Director shall file in the court the record in the proceeding, as provided in section 2112 of title 28.

(c)Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Director shall (except as provided in the last sentence of section 4633(b)(2) of this title) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director.

(d)Review of such proceedings shall be governed by chapter 7 of title 5.

(e)Such court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subchapter.

(f)The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Director.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this title”, meaning title XIII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3941, which is classified principally to this chapter. For complete classification of title XIII to the Code, see

Short Title

note set out under section 4501 of this title and Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–289 substituted “4513b, 4636, or 4636a of this title” for “or 4636 of this title” and “this chapter” for “such section”.

§4634 Judicial Review