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12 U.S.C. § 4636 — Hearings

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

12 U.S.C. § 4636 — Hearings

**(a) Requirements** (1) **Venue and record** — Any hearing under section 4631, 4636(c), or 4636a of this title 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 4631 or 4636a of this title or determination to impose a penalty under [section 4636 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4636&num=0&edition=prelim), 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. (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 or removal or prohibition 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 subchapter. (2) **Modification** — Judicial review of any such order shall be exclusively as provided in [section 4634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4634&num=0&edition=prelim). Unless such a petition for review is timely filed as provided in [section 4634 of this t

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Source location: Title 12, Chapter 46, § 4636; chapter-046-government-sponsored-enterprises.md

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**(a) Requirements** (1) **Venue and record** — Any hearing under section 4631, 4636(c), or 4636a of this title 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 4631 or 4636a of this title or determination to impose a penalty under [section 4636 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4636&num=0&edition=prelim), 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. (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 or removal or prohibition 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 subchapter. (2) **Modification** — Judicial review of any such order shall be exclusively as provided in [section 4634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4634&num=0&edition=prelim). Unless such a petition for review is timely filed as provided in [section 4634 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4634&num=0&edition=prelim), 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.

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

12 U.S.C. § 4634 — Cease-and-desist proceedings

**(a) Issuance for unsafe or unsound practices and violations** (1) **Authority of Director** — If, in the opinion of the Director, a regulated entity or any entity-affiliated party is engaging or has engaged, or the Director has reasonable cause to believe that the regulated entity or any entity-affiliated party is about to engage, in an unsafe or unsound practice in conducting the business of the regulated entity or the Office of Finance, or is violating or has violated, or the Director has reasonable cause to believe is about to violate, a law, rule, regulation, or order, or any condition imposed in writing by the Director in connection with the granting of any application or other request by the regulated entity or the Office of Finance or any written agreement entered into with the Director, the Director may issue and serve upon the regulated entity or entity-affiliated party a notice of charges in respect thereof. (2) **Limitation** — The Director may not, pursuant to this section, enforce compliance with any housing goal established under subpart 2 of part B of subchapter I of this chapter, with section 4566 or 4567 of this title, with subsection (m) or (n) of [section 1723a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a&num=0&edition=prelim), with subsection (e) or (f) of [section 1456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456&num=0&edition=prelim), or with paragraph (5) of [section 1430(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1430/j&num=0&edition=prelim). **(b) Issuance for unsatisfactory rating** If a regulated entity receives, in its most recent report of examination, a less-than-satisfactory rating f

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

12 U.S.C. § 4516 — Authority to require reports by regulated entities

**(a) Regular and special reports** (1) **Regular reports** — The Director may require, by general or specific orders, a regulated entity to submit regular reports, including financial statements determined on a fair value basis, on the condition (including financial condition), management, activities, or operations of the regulated entity, as the Director considers appropriate (in addition to the annual and quarterly reports required under [section 1723a(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1723a/k&num=0&edition=prelim) and [section 1456(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1456/c&num=0&edition=prelim)). (2) **Special reports** — The Director may also require, by general or specific orders, a regulated entity to submit special reports on any of the topics specified in paragraph (1) or any other relevant topics, if, in the judgment of the Director, such reports are necessary to carry out the purposes of this chapter. (3) **Limitation** — The Director may not require the inclusion, in any report pursuant to paragraph (1) or (2), of any information that is not reasonably obtainable by the regulated entity. (4) **Notice and declaration** — The Director shall notify the regulated entity, a reasonable period in advance of the date for submission of any report under this subsection, of any specific information to be contained in the report and the date for the submission of the report. Each report under this subsection shall contain a declaration by the president, vice president, treasurer, or any other officer designated by the board of directors of the regulated entity to make such declaration, that the report is true and correct to the best of such officer’

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

12 U.S.C. § 4636 — Civil money penalties

Page 1718 TITLE 12—BANKS AND BANKING § 4635 1 See References in Text note below. (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 im- posed by the Director under this subchapter. (f) No automatic stay The commencement of proceedings for judicial review under this section shall not, unless spe- cifically ordered by the court, operate as a stay of any order issued by the Director. (Pub. L. 102–550, title XIII, § 1374, Oct. 28, 1992, 106 Stat. 3990; Pub. L. 110–289, div. A, title I, § 1153(b)(1)(C), July 30, 2008, 122 Stat. 2775.) 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, Oct. 28, 1992, 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’’. § 4635. Enforcement and jurisdiction (a) Enforcement The Director may, in the discretion of the Di- rector, apply to the United States District Court for the District of Columbia, or the United States district court within the jurisdiction of which the headquarters of the regulated entity is located, for the enforcement of any effective and outstanding notice or order issued under this subchapter or subchapter II, or request that the Attorney General of the United States bring such an action. Such court shall have jurisdic- tion and power to order an

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