12 U.S.C. § 4583 — Judicial review

Page 1685 TITLE 12—BANKS AND BANKING § 4585 1 See References in Text note below. 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 the enterprise an order or orders consistent with the provisions of this subpart. (2) Modification Judicial review of any such order shall be exclusively as provided in section 4583 of this title. Unless such a petition for review is time- ly filed as provided in section 4583 of this title, and thereafter until the record in the pro- ceeding has been filed as so provided, the Di- rector may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the Director considers prop- er. Upon such filing of the record, the Director may modify, terminate, or set aside any such order with permission of the court. (Pub. L. 102–550, title XIII, § 1342, Oct. 28, 1992, 106 Stat. 3965; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(A), July 30, 2008, 122 Stat. 2711.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–289 substituted ‘‘Direc- tor’’ for ‘‘Secretary’’ wherever appearing. § 4583. Judicial review (a) Commencement An enterprise that is a party to a proceeding under section 4581 or 4585 of this title may ob- tain 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 Direc- tor shall file in the court the record in the pro- ceeding, 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 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. (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 subpart. (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, § 1343, Oct. 28, 1992, 106 Stat. 3966; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(B), July 30, 2008, 122 Stat. 2711.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–289 substituted ‘‘Director’’ for ‘‘Sec- retary’’ wherever appearing. § 4584. Enforcement and jurisdiction (a) Enforcement The Director may bring a civil action in the United States District Court for the District of Columbia for the enforcement of any effective notice or order issued under section 4581 or 4585 of this title. Such court shall have jurisdiction and power to order and require compliance here- with. (b) Limitation on jurisdiction Except as otherwise provided in this subpart, no court shall have jurisdiction to affect, by in- junction or otherwise, the issuance or enforce- ment of any notice or order under section 4581 or 4585 of this title, or to review, modify, suspend, terminate, or set aside any such notice or order. (Pub. L. 102–550, title XIII, § 1344, Oct. 28, 1992, 106 Stat. 3966; Pub. L. 110–289, div. A, title I, § 1130(e)(1), July 30, 2008, 122 Stat. 2711.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–289, which directed sub- stitution of ‘‘The Director may bring a civil action’’ for ‘‘The Secretary may request the Attorney General of the United States to bring a civil action’’, was executed by making the substitution for ‘‘The Secretary may re- quest the Attorney General of the United States to bring an action’’ to reflect the probable intent of Con- gress. § 4585. Civil money penalties (a) Authority The Director may impose a civil money pen- alty, in accordance with the provisions of this section, on any enterprise that has failed to— (1) submit a report under section 4547 1 of this title, following a notice of such failure, an opportunity for comment by the enterprise, and a final determination by the Director; (2) submit the information required under subsection (m) or (n) of section 1723a of this title or subsection (e) or (f) of section 1456 of this title; (3) solely with respect to the housing goals established under sections 4562(a) and 4563(a)(1) of this title, submit a housing plan or perform its responsibilities under a reme- dial order issued pursuant to section 4566(c) of this title within the required period; or (4) solely with respect to the housing goals established under sections 4562(a) and 4563(a)(1) of this title, comply with a housing plan for the enterprise under section 4566(c) of this title. (b) Amount of penalty The amount of a penalty under this section, as determined by the Director, may not exceed—