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Code · BILL · 118th Congress · H.R. 2701 (Introduced in House) — To provide for individual rights relating to privacy of personal information, to establish privacy and security requi... · Sec. 402

Sec. 402. Hearings and adjudication proceedings

1,285 words·~6 min read·/bill/118/hr/2701/ih/section-402·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Agency is authorized to conduct hearings and adjudication proceedings with respect to any person in the manner prescribed by chapter 5 of title 5, United States Code, in order to ensure or enforce compliance with this Act and the rules prescribed under this Act. If, in the opinion of the Agency, a person is engaging or has engaged in an act or omission that violates any provision of this Act or a rule or order prescribed under this Act, the Agency may issue and serve upon the person a notice of charges in respect thereof. The notice under subparagraph
(A)shall contain a statement of the facts constituting the alleged violation, and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the person, such hearing to be held not earlier than 30 days nor later than 60 days after the date of service of such notice, unless an earlier or a later date is set by the Agency, at the request of any person so served. Unless a person served under subparagraph
(B)appears at the hearing personally or by a duly authorized representative, the person shall be deemed to have consented to the issuance of the cease-and-desist order. In the event of consent under subparagraph (C), or if, upon the record made at any such hearing, the Agency finds that any violation specified in the notice of charges has been established, the Agency may issue and serve upon the person an order to cease and desist from the violation. Such order may, by provisions which may be mandatory or otherwise, require the person to cease and desist from the subject act or omission, and to take affirmative action to correct the conditions resulting from any such violation. A cease-and-desist order shall become effective at the expiration of 30 days after the date of service of the order under paragraph (1)(D) (except in the case of a cease-and-desist order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable as provided therein, except to such extent as the order is stayed, modified, terminated, or set aside by action of the Agency or a reviewing court. Any hearing provided for in this subsection shall be held in the Federal judicial district or in the territory in which the residence or principal office or place of business of the person is located unless the person consents to another place, and shall be conducted in accordance with the provisions of chapter 5 of title 5, United States Code. After such hearing, and not later than 90 days after the Agency has notified each party to the proceeding that the case has been submitted to the Agency for final decision, the Agency shall render its decision (which shall include findings of fact upon which its decision is predicated) and shall issue and serve upon each such party an order or orders consistent with the provisions of this section. Judicial review of any such order shall be exclusively as provided in this subsection. Unless a petition for review is timely filed in a court of appeals of the United States, as provided in paragraph (4), and thereafter until the record in the proceeding has been filed as provided in paragraph (4), the Agency may at any time, upon such notice and in such manner as the Agency shall determine proper, modify, terminate, or set aside any such order. Upon filing of the record as provided, the Agency may modify, terminate, or set aside any such order with permission of the court. Any party to any proceeding under this subsection may obtain a review of any order served pursuant to this subsection (other than an order issued with the consent of the party) by filing in the court of appeals of the United States for the circuit in which the residence or principal office or place of business of the party is located, or 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 Agency be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the court to the Agency, and thereupon the Agency shall file in the court the record in the proceeding, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, such court shall have jurisdiction, which upon the filing of the record shall, except as provided in the last sentence of paragraph (3), be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Agency. Review of such proceedings shall be had as provided in chapter 7 of title 5, United States Code. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court of the United States, upon certiorari, as provided in section 1254 of title 28, United States Code. The commencement of proceedings for judicial review under paragraph
(4)shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Agency. Whenever the Agency determines that the violation specified in the notice of charges served upon a person pursuant to subsection (b), or the continuation thereof, is likely to cause the person to be insolvent or otherwise prejudice the interests of individuals before the completion of the proceedings conducted pursuant to subsection (b), the Agency may issue a temporary order requiring the person to cease and desist from any such violation and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of such proceedings. Such order may include any requirement authorized under this title. Such order shall become effective upon service upon the person and, unless set aside, limited, or suspended by a court in proceedings authorized by paragraph (2), shall remain effective and enforceable pending the completion of the administrative proceedings pursuant to such notice and until such time as the Agency shall dismiss the charges specified in such notice, or if a cease-and-desist order is issued against the person, until the effective date of such order. Not later than 10 days after a person has been served with a temporary cease-and-desist order, the person may apply to the United States district court for the judicial district in which the residence or principal office or place of business of the person is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the person under subsection (b), and such court shall have jurisdiction to issue such injunction. The Agency may in its discretion apply to the United States district court within the jurisdiction of which the residence or principal office or place of business of a person is located, for the enforcement of any effective and outstanding order issued under this section against such person, and such court shall have jurisdiction and power to order and require compliance with such order. Except as otherwise provided in this section, no court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any order or to review, modify, suspend, terminate, or set aside any such order. The Agency shall prescribe rules establishing such procedures as may be necessary to carry out this section.
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