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Title 12 — Banks and Banking

Chapter 46 — Government Sponsored Enterprises

§ 4634. Judicial review

Statutory text

(a)

Commencement

Any party to a proceeding under section 4631 1 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)

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.

(c)

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 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

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

(e)

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 subchapter.

(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 Director.

Footnotes

  1. 1 So in original. Probably should be followed by a comma.

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. Federal Housing Enterprises Financial Safety and Soundness Act of 1992

    Pub. L. 102–550 title XIII § 1374 · 106 Stat. 3672

    Enacted · 12 U.S.C. § 4634

    Pub. L. 102–550, title XIII, § 1374, Oct. 28, 1992, 106 Stat. 3990

    Source evidence

    Code source credit
    Pub. L. 102–550, title XIII, § 1374, Oct. 28, 1992, 106 Stat. 3990

    Enacted provision · exact public law section
    SEC. 1374. JUDICIAL REVIEW. (a) Commencement.— Any party to a proceeding under section 1371 or 1376 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. (b) 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, 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 Director shall (except as provided in the last sentence of section 1373(b)(2)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Director. (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 Director under this subtitle. (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 Director.

  2. Federal Housing Finance Regulatory Reform Act of 2008

    Pub. L. 110–289 div. A title I § 1153(b)(1)(C) · 122 Stat. 2654

    1. Substituted · 12 U.S.C. § 4634(a)

      Pub. L. 110–289 substituted “4513b, 4636, or 4636a of this title” for “or 4636 of this title”

    2. Substituted · 12 U.S.C. § 4634(a)

      Pub. L. 110–289 substituted “this chapter” for “such section”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (C) in section 1374(a)— (i) by striking “or 1376” and inserting “1313B, 1376, or 1377”; and (ii) by striking “such section” and inserting “this title”.

3 of 3 references resolved to an enrolled provision

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, , 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”.

Credits

1992–2008 · 2 acts
  1. 1992Pub. L. 102–550, title XIII, § 1374, , 106 Stat. 3990
  2. 2008Pub. L. 110–289, div. A, title I, § 1153(b)(1)(C), , 122 Stat. 2775.
Show as published

(Pub. L. 102–550, title XIII, § 1374, , 106 Stat. 3990; Pub. L. 110–289, div. A, title I, § 1153(b)(1)(C), , 122 Stat. 2775.)

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