12 USC § 4623 - Judicial review of Director action
(a)
Jurisdiction
(1)
Filing of petition
A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under section
4614 of this title or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section
4616 or
4617 of this title or action under section
4619
[1]
of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.
(b)
Scope of review
The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.
(c)
Unavailability of stay
The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results in the classification of a regulated entity as significantly or critically undercapitalized.
(d)
Limitation on jurisdiction
Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section
4616 or
4617 of this title or action under section
4619
[1]
of this title) or to review, modify, suspend, terminate, or set aside such classification or action.
[1] See References in Text note below.
(a)
Jurisdiction
(1)
Filing of petition
A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under section
4614 of this title or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section
4616 or
4617 of this title or action under section
4619
[1]
of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside.
(b)
Scope of review
The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws.
(c)
Unavailability of stay
The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results in the classification of a regulated entity as significantly or critically undercapitalized.
(d)
Limitation on jurisdiction
Except as provided in this section, no court shall have jurisdiction to affect, by injunction or otherwise, the issuance or effectiveness of any classification or action of the Director under this subchapter (other than appointment of a conservator under section
4616 or
4617 of this title or action under section
4619
[1]
of this title) or to review, modify, suspend, terminate, or set aside such classification or action.
[1] See References in Text note below.
Source
(Pub. L. 102–550, title XIII, § 1369D,Oct. 28, 1992, 106 Stat. 3985; Pub. L. 110–289, div. A, title I, § 1145(b)(3),July 30, 2008, 122 Stat. 2767.)
References in Text
Section
4619 of this title, referred to in subsecs. (a)(1) and (d), was repealed by Pub. L. 110–289, div. A, title I, § 1145(b)(4),July 30, 2008, 122 Stat. 2767.
Amendments
2008—Subsec. (a)(1). Pub. L. 110–289, § 1145(b)(3)(B), substituted “A regulated entity” for “An enterprise”.
Subsec. (c). Pub. L. 110–289, § 1145(b)(3)(A), substituted “a regulated entity” for “an enterprise” in two places.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
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