1. U.S. Code
  2. title 12
  3. chapter 46
  4. subchapter I
  5. part B
  6. subpart 3
  7. § 4584

Collapse to view only § 4584. Enforcement and jurisdiction

§ 4581. Cease and desist proceedings
(a) Grounds for issuance
The 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 1
1 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 charges
(2) Issuance of order
If 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 date
(Pub. L. 102–550, title XIII, § 1341, as added Pub. L. 110–289, div. A, title I, § 1130(c)(2), July 30, 2008, 122 Stat. 2708.)

CITE AS: 12 USC 4581

§ 4582. Hearings
(a) Requirements
(1) Venue and record
(2) Timing
(3) Procedure
(4) Failure to appear
(b) Issuance of order
(1) In general
(2) Modification
(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.)

CITE AS: 12 USC 4582

§ 4583. Judicial review
(a) Commencement
(b) Filing of record
(c) Jurisdiction
(d) Review
(e) Order to pay penalty
(f) No automatic stay
(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.)

CITE AS: 12 USC 4583

§ 4584. Enforcement and jurisdiction
(a) Enforcement
(b) Limitation on jurisdiction
(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.)

CITE AS: 12 USC 4584

§ 4585. Civil money penalties
(a) Authority
The 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 1
1 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 penalty
The 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) Establishment
The 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 penalty
In 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 penalty
(e) Settlement by Director
(f) Deposit of penalties
(Pub. L. 102–550, title XIII, § 1345, as added Pub. L. 110–289, div. A, title I, § 1130(d)(2), July 30, 2008, 122 Stat. 2709.)

CITE AS: 12 USC 4585

§ 4586. 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 Secretary’s 1
1 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) Hearings
(c) Delay of public disclosure under exceptional circumstances
(d) Documents filed under seal in public enforcement hearings
(e) Retention of documents
(f) Disclosures to Congress
(Pub. L. 102–550, title XIII, § 1346, Oct. 28, 1992, 106 Stat. 3968; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(C), July 30, 2008, 122 Stat. 2711.)

CITE AS: 12 USC 4586

§ 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.

(Pub. L. 102–550, title XIII, § 1347, Oct. 28, 1992, 106 Stat. 3968; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(D), July 30, 2008, 122 Stat. 2711.)

CITE AS: 12 USC 4587

§ 4588. Subpoena authority
(a) In general
In 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 documents
(c) Enforcement
(d) Fees and expenses
(Pub. L. 102–550, title XIII, § 1348, Oct. 28, 1992, 106 Stat. 3968; Pub. L. 110–289, div. A, title I, § 1130(e)(2), (3)(E), July 30, 2008, 122 Stat. 2711.)

CITE AS: 12 USC 4588

§ 4589. Repealed. Pub. L. 110–289, div. A, title I, § 1122(a)(2), July 30, 2008, 122 Stat. 2689

CITE AS: 12 USC 4589