§ 4633. 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 § 1373 · 106 Stat. 3672

   Enacted · 12 U.S.C. § 4633

   Pub. L. 102–550, title XIII, § 1373, Oct. 28, 1992, 106 Stat. 3989

   Source evidence

   Code source credit
   Pub. L. 102–550, title XIII, § 1373, Oct. 28, 1992, 106 Stat. 3989

   Enacted provision · exact public law section
   SEC. 1373. HEARINGS. (a) Requirements.— (1) Venue and record.— Any hearing under section 1371 or 1376(c) 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 1371 or determination to impose a penalty under section 1376, unless an earlier or a later date is set by the hearing officer at the request of the party 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 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 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 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 subtitle. (2) Modification.— Judicial review of any such order shall be exclusively as provided in section 1374. Unless such a petition for review is timely filed as provided in section 1374, 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.

2. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1153(b)(1)(B)(i) · 122 Stat. 2654

   Substituted · 12 U.S.C. § 4633(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (i) in paragraph (1), by striking “or 1376(c)” and inserting “, 1376(c), or 1377”;

3. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1153(b)(1)(B)(ii) · 122 Stat. 2654

   Inserted · 12 U.S.C. § 4633(a)(2)

   Pub. L. 110–289, § 1153(b)(1)(B)(ii), inserted “or 4636a” after “section 4631”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 110–289, § 1153(b)(1)(B)(ii), inserted “or 4636a” after “section 4631”.

   Enacted provision · exact public law section
   (ii) in paragraph (2), by inserting “or 1377” after” 1371”; and

4. 2008

   Federal Housing Finance Regulatory Reform Act of 2008

   Pub. L. 110–289 § 1153(b)(1)(B)(iii) · 122 Stat. 2654

   Inserted · 12 U.S.C. § 4633(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (iii) in paragraph (4), by inserting “or removal or prohibition” after “cease and desist”; and

4 of 4 references resolved to an enrolled provision