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12 U.S.C. § 4641 — Private rights of action

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4641 — Private rights of action

This chapter shall not create any private right of action on behalf of any person against a regulated entity, or any director or executive officer of a regulated entity, or impair any existing private right of action under other applicable law.

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Source file: Laws/federal/codes/united-states-code/title-12/section-4641-private-rights-of-action--374d6f24ff.md
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Source location: Title 12, Chapter 46, § 4641; chapter-046-government-sponsored-enterprises.md

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This chapter shall not create any private right of action on behalf of any person against a regulated entity, or any director or executive officer of a regulated entity, or impair any existing private right of action under other applicable law.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4501 — Notice of service

Any service required or authorized to be made by the Director under this subchapter may be made by registered mail, or in such other manner reasonably calculated to give actual notice as the Director may by regulation or otherwise provide.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4640 — Notice after separation from service

The resignation, termination of employment or participation, or separation of an entity-affiliated party shall not affect the jurisdiction and authority of the Director to issue any notice and proceed under this subchapter against any such entity-affiliated party, if such notice is served before the end of the 6-year period beginning on the date such entity-affiliated party ceases to be associated with the regulated entity.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4502 — Subpoena authority

**(a) In general** In the course of or in connection with any proceeding, examination, or investigation under this chapter, the Director or any designated representative thereof, including any person designated to conduct any hearing under this subchapter shall have the authority— (1) to administer oaths and affirmations; (2) to take and preserve testimony under oath; (3) to issue subpoenas and subpoenas duces tecum; and (4) to revoke, quash, or modify subpoenas and subpoenas duces tecum. **(b) Witnesses and documents** The attendance of witnesses and the production of documents provided for in this section may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place where such proceeding is being conducted. **(c) Enforcement** (1) **In general** — The Director, or any party to proceedings under this subchapter, may apply to the United States District Court for the District of Columbia, or the United States district court for the judicial district of the United States in any territory in which such proceeding is being conducted, or where the witness resides or carries on business, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. (2) **Power of court** — The courts described under paragraph (1) shall have the jurisdiction and power to order and require compliance with any subpoena issued under paragraph (1). **(d) Fees and expenses** Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the district courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an regulated entity enterprise-affiliated party 11 So in original. may allo

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4519 — Examinations

**(a) Annual examination** The Director shall annually conduct an on-site examination under this section of each regulated entity to determine the condition of the regulated entity for the purpose of ensuring its financial safety and soundness. **(b) Other examinations** In addition to annual examinations under subsection (a), the Director may conduct an examination under this section of a regulated entity whenever the Director determines that an examination is necessary or appropriate. **(c) Examiners** The Director shall appoint examiners to conduct examinations under this section. The Director may contract with the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation for the services of examiners to conduct examinations under this section. The Director shall reimburse such agencies for any costs of providing examiners from amounts available in the Federal Housing Enterprises Oversight Fund. **(d) Inspector General** There shall be within the Agency an Inspector General, who shall be appointed in accordance with [section 403(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/a&num=0&edition=prelim). **(e) Law applicable to examiners** The Director and each examiner shall have the same authority and each examiner shall be subject to the same disclosures, prohibitions, obligations, and penalties as are applicable to examiners employed by the Federal Reserve banks. **(f) Technical experts** The Director may obtain the services of any technical experts the Director considers appropriate to provide temporary technical assistance relating to examinations to the Director, officers, and employees of the Office. The Director shall describe, in the record o

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4642 — Public disclosure of final orders and agreements

**(a) In general** The Director shall make available to the public— (1) any written agreement or other written statement for which a violation may be redressed by the Director or any modification to or termination thereof, unless the Director, in the Director’s discretion, determines that public disclosure would be contrary to the public interest; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subchapter and that has become final in accordance with sections 4633 and 4634 of this title; and (3) any modification to or termination of any final order made public pursuant to this subsection. **(b) Hearings** All hearings on the record with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Director’s discretion, determines that holding an open hearing would be contrary to the public interest. **(c) Delay of public disclosure under exceptional circumstances** If the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial health or security of the regulated entity, the Director may delay the public disclosure of such order for a reasonable time. **(d) Documents filed under seal in public enforcement hearings** The Director may file any document or part thereof under seal in any hearing commenced by the Director if the Director determines in writing that disclosure thereof would be contrary to the public interest. **(e) Retention of documents** The Director shall keep and maintain a record, for not less than 6 years, of all documents described in subsection (a) and all enforcement agreements and other supervisory actions and supporting do

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4641 — Subpoena authority

Page 1724 TITLE 12—BANKS AND BANKING § 4640 1 So in original. Editorial Notes PRIOR PROVISIONS A prior section 1379B of Pub. L. 102–550 was renum- bered section 1379D and is classified to section 4641 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–289, § 1156(b)(3), sub- stituted ‘‘regulated entity’’ for ‘‘enterprise’’. § 4640. Notice of service Any service required or authorized to be made by the Director under this subchapter may be made by registered mail, or in such other man- ner reasonably calculated to give actual notice as the Director may by regulation or otherwise provide. (Pub. L. 102–550, title XIII, § 1379C, formerly § 1379A, Oct. 28, 1992, 106 Stat. 3993; renumbered § 1379C, Pub. L. 110–289, div. A, title I, § 1153(a)(1), July 30, 2008, 122 Stat. 2770.) § 4641. Subpoena authority (a) In general In the course of or in connection with any pro- ceeding, examination, or investigation under this chapter, the Director or any designated rep- resentative thereof, including any person des- ignated to conduct any hearing under this sub- chapter shall have the authority— (1) to administer oaths and affirmations; (2) to take and preserve testimony under oath; (3) to issue subpoenas and subpoenas duces tecum; and (4) to revoke, quash, or modify subpoenas and subpoenas duces tecum. (b) Witnesses and documents The attendance of witnesses and the produc- tion of documents provided for in this section may be required from any place in any State or in any territory or other place subject to the ju- risdiction of the United States at any des- ignated place where such proceeding is being conducted. (c) Enforcement (1) In general The Director, or any party to proceedings under this subchapter, may apply to the United States District

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