106 STAT. 3990

PUBLIC LAW 102-550—OCT. 28, 1992

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, United States Code.

(4) FAILURE TO APPEAR.—If the party served fails to appear
at the hearing through a duly authorized representative, such
parly shall be deemed to have consented to the issuance of
the cease-and-desist order or the imposition of the penally
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 subtitle.

(2) MODIFICATION.—Judicial review of any such order shall
be exclusively as provided in section 1374. Unless such a peti-
tion for review is timely filed as provided in section 1374,
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 USC 4634. SEC. 1374. JUDICIAL REVIEW.

(a) COMMENCEMENT.—Any party to a proceeding under section
1371 or 1376 may obtain review of any final order issued under
such section bv 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 Director shall file in the court the record in the proceeding,
as provided in section 2112 of title 28, United States Code.

(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
1373(bX2)) 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, United States Code.

(e) ORDER To PAY PENALTY.—Such court shall have the author-
ity in any such review to order payment of any penalty imposed
by the Director under this subtitle.

(f) No AUTOMATIC STAY.—The 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 USC 4635. SEC. 1376. ENFORCEMENT AND JURISDICTION.

(a) ENFORCEMENT.—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 the enforce-
ment of any effective notice or order issued under this subtitle