USC Subpart 3

USC Subpart 3
in effect

12 U.S.C. § 4581 Cease and desist proceedings

(a) Grounds for issuanceThe Director may issue and serve a notice of charges under this section upon an enterprise if the Director determines that—(1) the enterprise has failed to submit a report under section 4547 11 See References in Text note below. of this title, following a notice of such failure, an opportunity for comment by the enterprise, and a final determination by the Director; (2) the enterprise has failed to 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, the enterprise has failed to submit a housing plan that complies with section 4566(c) of this title within the applicable period; or (4) solely with respect to the housing goals established under sections 4562(a) and 4563(a)(1) of this title, the enterprise has failed to comply with a housing plan under section 4566(c) of this title. (b) Procedure(1) Notice of chargesEach notice of charges issued under this section shall contain a statement of the facts constituting the alleged conduct and shall fix a time and place at which a hearing will be held to determine on the record whether an order to cease and desist from such conduct should issue. (2) Issuance of orderIf the Director finds on the record made at a hearing described in paragraph (1) that any conduct specified in the notice of charges has been established (or the enterprise consents pursuant to section 4582(a)(4) of this title), the Director may issue and serve upon the enterprise an order requiring the enterprise to—(A) submit a report under section 4547 1 of this title; (B) solely with respect to the housing goals established under sections 4562(a) and 4563(a)(1) of this title, submit a housing plan in compliance with section 4566(c) of this title; (C) solely with respect to the housing goals established under sections 4562(a) and 4563(a)(1) of this title, comply with the housing plan in compliance with section 4566(c) of this title; or (D) provide 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. (c) Effective dateAn order under this section shall become effective upon the expiration of the 30-day period beginning on the date of service of the order upon the enterprise (except in the case of an order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable as provided in the order, except to the extent that the order is stayed, modified, terminated, or set aside by action of the Director or otherwise, as provided in this subpart.

12 U.S.C. § 4582 Hearings

(a) Requirements(1) Venue and recordAny hearing under section 4581 or 4585 of this title shall be held on the record and in the District of Columbia. (2) TimingAny 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 4581(b)(1) of this title or determination to impose a penalty under section 4585(c)(1) of this title, unless an earlier or a later date is set by the hearing officer at the request of the enterprise served. (3) ProcedureAny such hearing shall be conducted in accordance with chapter 5 of title 5. (4) Failure to appearIf the enterprise served fails to appear at the hearing through a duly authorized representative, such enterprise 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 generalAfter any such hearing, and within 90 days after the enterprise has 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 the enterprise an order or orders consistent with the provisions of this subpart. (2) ModificationJudicial review of any such order shall be exclusively as provided in section 4583 of this title. Unless such a petition for review is timely filed as provided in section 4583 of this title, 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.

12 U.S.C. § 4583 Judicial review

(a) CommencementAn enterprise that is a party to a proceeding under section 4581 or 4585 of this title 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 recordUpon 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) JurisdictionUpon 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) ReviewReview of such proceedings shall be governed by chapter 7 of title 5. (e) Order to pay penaltySuch court shall have the authority in any such review to order payment of any penalty imposed by the Director under this subpart. (f) No automatic stayThe 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.

12 U.S.C. § 4584 Enforcement and jurisdiction

(a) EnforcementThe 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 herewith. (b) Limitation on jurisdictionExcept as otherwise provided in this subpart, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or enforcement 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.

12 U.S.C. § 4585 Civil money penalties

(a) AuthorityThe Director may impose a civil money penalty, in accordance with the provisions of this section, on any enterprise that has failed to—(1) submit a report under section 4547 11 See References in Text note below. 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 remedial 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 penaltyThe amount of a penalty under this section, as determined by the Director, may not exceed—(1) for any failure described in paragraph (1), (5), or (6) of subsection (a), $100,000 for each day that the failure occurs; and (2) for any failure described in paragraph (2), (3), or (4) of subsection (a), $50,000 for each day that the failure occurs. (c) Procedures(1) EstablishmentThe Director shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures—(A) shall provide for the Director to notify the enterprise in writing of the determination of the Director to impose the penalty, which shall be made on the record; (B) shall provide for the imposition of a penalty only after the enterprise has been given an opportunity for a hearing on the record pursuant to section 4582 of this title; and (C) may provide for review by the Director of any determination or order, or interlocutory ruling, arising from a hearing. (2) Factors in determining amount of penaltyIn determining the amount of a penalty under this section, the Director shall give consideration to factors including—(A) the gravity of the offense; (B) any history of prior offenses; (C) ability to pay the penalty; (D) injury to the public; (E) benefits received; (F) deterrence of future violations; (G) the length of time that the enterprise should reasonably take to achieve the goal; and (H) such other factors as the Director may determine, by regulation, to be appropriate. (d) Action to collect penaltyIf an enterprise fails to comply with an order by the Director imposing a civil money penalty under this section, after the order is no longer subject to review, as provided in sections 4582 and 4583 of this title, the Director may bring an action in the United States District Court for the District of Columbia to obtain a monetary judgment against the enterprise, and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the order imposing the penalty shall not be subject to review. (e) Settlement by DirectorThe Director may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section. (f) Deposit of penaltiesThe Director shall use any civil money penalties collected under this section to help fund the Housing Trust Fund established under section 4568 of this title.

12 U.S.C. § 4586 Public disclosure of final orders and agreements

(a) In generalThe 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 Secretary’s 11 So in original. Probably should be “Director’s”. discretion, determines that public disclosure would be contrary to the public interest or determines under subsection (c) that public disclosure would seriously threaten the financial health or security of the enterprise; (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the Director under this subpart and that has become final in accordance with sections 4582 and 4583 of this title; and (3) any modification to or termination of any final order made public pursuant to this subsection. (b) HearingsAll hearings with respect to any notice of charges issued by the Director shall be open to the public, unless the Director, in the Secretary’s 1 discretion, determines that holding an open hearing would be contrary to the public interest. (c) Delay of public disclosure under exceptional circumstancesIf the Director makes a determination in writing that the public disclosure of any final order pursuant to subsection (a) would seriously threaten the financial soundness of the enterprise, the Director may delay the public disclosure of such order for a reasonable time. (d) Documents filed under seal in public enforcement hearingsThe Director may file any document or part thereof under seal in any hearing under this subpart if the Director determines in writing that disclosure thereof would be contrary to the public interest. (e) Retention of documentsThe 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 documents issued with respect to or in connection with any enforcement proceeding initiated by the Director under this subpart. (f) Disclosures to CongressThis section may not be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee thereof.

12 U.S.C. § 4587 Notice of service

Any service required or authorized to be made by the Director under this subpart 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.

12 U.S.C. § 4588 Subpoena authority

(a) In generalIn the course of or in connection with any administrative proceeding under this subpart, the Director 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 issued by the Director. (b) Witnesses and documentsThe attendance of witnesses and the production of documents provided for in this section may be required from any place in any State at any designated place where such proceeding is being conducted. (c) EnforcementThe Director may bring an action or may request the Attorney General of the United States to bring an action in the United States district court for the judicial district in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States District Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. Such courts shall have jurisdiction and power to order and require compliance therewith. (d) Fees and expensesWitnesses 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 enterprise may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the enterprise or from its assets.

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