PUBLIC LAW 102-550—OCT. 28, 1992 106 STAT. 3989

(1) TEMPORARY ORDER.—If a notice of charges served under
section 1371 (a) or (b) specifies on the basis of particular facts
and circumstances that the books and records of the enterprise
served are so incomplete or inaccurate that the Director is
unable, through the normal supervisory process, to determine
the financial condition of the enterprise or the details or the

purpose of any transaction or transactions that may have a ''

material effect on the financial condition of that enterprise, :

the Director may issue a temporary order requiring—

(A) the cessation of any activity or practice which gave ,-,<
rise, whether in whole or in part, to the incomplete or ^
inaccurate state of the books or records; or ^

(B) affirmative action to restore the books or records >
to a complete and accurate state.

(2) EFFECTIVE PERIOD.—Any temporary order issued under
paragraph (1)—

(A) shall become effective upon service; and

(B) unless set aside, limited, or suspended by a court ;
in proceedings pursuant to subsection (d), shall remain

in effect and enforceable until the earlier of— 5j

(i) the completion of the proceeding initiated under
section 1371 in connection with the notice of charges;
or M

(ii) the date the Director determines, by examina-
tion or otherwise, that the books and records of the

enterprise are accurate and reflect the financial condi- :

tion of the enterprise. 5J

(d) JUDICIAL REVIEW.—An enterprise, executive officer, or direc- |
tor that has been served with a temporary order pursuant to this

section may apply to the United States District Court for the j

District of Columbia within 10 days after such service for an injunc- ^

tion setting aside, limiting, or suspending the enforcement, oper-

ation, or effectiveness of the order pending the completion of the ,;

administrative proceedings pursuant to the notice of charges served ^

upon the enterprise, executive officer, or director under section J)

1371 (a) or (b). Such court shall have jurisdiction to issue such

injunction. C

(e) ENFORCEMENT BY ATTORNEY GENERAL.—In the case of viola- ^
tion or threatened violation of, or failure to obey, a temporary £
order issued pursuant to this section, the Director may request

the Attorney General of the United States to bring an action in

the United States District Court for the District of Columbia for ji

an injunction to enforce such order or may, under the direction

and control of the Attorney General, bring such an action. If the

court finds any such violation, threatened violation, or failure to

obey, the court shall issue such injunction. %

If

SEC. 1373. HEARINGS. 12 USC 4633. j

(a) REQUIREMENTS.— I

(1) VENUE AND RECORD.—Any hearing under section 1371 fi
or 1376(c) shall be held on the record and in the District

of Columbia. f

(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 1371 or determination

to impose a penalty under section 1376, unless an earlier or %