Title 12 — Banks and Banking
Part B · Chapter 46 — Government Sponsored Enterprises
§ 4583. Judicial review
Statutory text
Commencement
An enterprise that is a party to a proceeding under section 4581 or 4585 of this title may obtain review of any final order issued under such section 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.
Filing of record
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.
Jurisdiction
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 4582(b)(2) of this title) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director.
Review
Review of such proceedings shall be governed by chapter 7 of title 5.
Order to pay penalty
Such court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subpart.
No automatic stay
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.
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.
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
Pub. L. 102–550 title XIII § 1343 · 106 Stat. 3672
Enacted · 12 U.S.C. § 4583
Pub. L. 102–550, title XIII, § 1343, Oct. 28, 1992, 106 Stat. 3966
Source evidence
Code source credit
Pub. L. 102–550, title XIII, § 1343, Oct. 28, 1992, 106 Stat. 3966Enacted provision · exact public law section
SEC. 1343. JUDICIAL REVIEW. (a) Commencement.— An enterprise that is a party to a proceeding under section 1341 or 1345 may obtain review of any final order issued under such section 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 Secretary be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the Secretary. (b) Filing of Record.— Upon receiving a copy of a petition, the Secretary shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. (c) Jurisdiction.— Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Secretary shall (except as provided in the last sentence of section 1342(b)(2)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Secretary. (d) Review.— Review of such proceedings shall be governed by chapter 7 of title 5, United States Code. (e) Order To Pay Penalty.— Such court shall have the authority in any such review to order payment of any penalty imposed by the Secretary under this subpart. (f) No Automatic Stay.— 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 Secretary.Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 div. A title I § 1130(e)(3)(B) · 122 Stat. 2654
Substituted · 12 U.S.C. § 4583
Pub. L. 110–289 substituted “Director” for “Secretary” wherever appearing
Source evidence
Code amendment note
Pub. L. 110–289 substituted “Director” for “Secretary” wherever appearing.Enacted provision · exact public law section
(B) section 1343 (12 U.S.C. 4583);
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2008—Pub. L. 110–289 substituted “Director” for “Secretary” wherever appearing.
Credits
1992–2008 · 2 acts
- 1992Pub. L. 102–550, title XIII, § 1343, , 106 Stat. 3966
- 2008Pub. L. 110–289, div. A, title I, § 1130(e)(3)(B), , 122 Stat. 2711.
Show as published
(Pub. L. 102–550, title XIII, § 1343, , 106 Stat. 3966; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(B), , 122 Stat. 2711.)