§ 4582. Hearings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Federal Housing Enterprises Financial Safety and Soundness Act of 1992

   Pub. L. 102–550 title XIII § 1342 · 106 Stat. 3672

   Enacted · 12 U.S.C. § 4582

   Pub. L. 102–550, title XIII, § 1342, Oct. 28, 1992, 106 Stat. 3965

   Source evidence

   Code source credit
   Pub. L. 102–550, title XIII, § 1342, Oct. 28, 1992, 106 Stat. 3965

   Enacted provision · exact public law section
   SEC. 1342. HEARINGS. (a) Requirements.— (1) Venue and record.— Any hearing under section 1341 or 1345 shall be held on the record and in the District of Columbia. (2) Timing.— 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 1341(b)(1) or determination to impose a penalty under section 1345(c)(1), unless an earlier or a later date is set by the hearing officer at the request of the enterprise served. (3) Procedure.— Any such hearing shall be conducted in accordance with chapter 5 of title 5, United States Code. (4) Failure to appear.— If the enterprise served fails to appear at the hearing through a duly authorized representative, such enterprise shall be deemed to have consented to the issuance of the cease-and-desist order or the imposition of the penalty for which the hearing is held. (b) Issuance of Order.— (1) In general.— After any such hearing, and within 90 days after the enterprise has been notified that the case has been submitted to the Secretary for final decision, the Secretary shall render the decision (which shall include findings of fact upon which the decision is predicated) and shall issue and serve upon the enterprise an order or orders consistent with the provisions of this subpart. (2) Modification.— Judicial review of any such order shall be exclusively as provided in section 1343. Unless such a petition for review is timely filed as provided in section 1343, and thereafter until the record in the proceeding has been filed as so provided, the Secretary may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the Secretary considers proper. Upon such filing of the record, the Secretary may modify, terminate, or set aside any such order with permission of the court.

2. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 div. A title I § 1130(e)(3)(A) · 122 Stat. 2654

   Substituted · 12 U.S.C. § 4582(b)

   Pub. L. 110–289 substituted “Director” for “Secretary” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–289 substituted “Director” for “Secretary” wherever appearing.

   Enacted provision · exact public law section
   (A) section 1342 (12 U.S.C. 4582);

2 of 2 references resolved to an enrolled provision