Sec. 1368. NOTICE OF CLASSIFICATION AND ENFORCEMENT ACTION
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## SEC. 1368 NOTICE OF CLASSIFICATION AND ENFORCEMENT ACTION **[**[12 U.S.C. 4618](/us/usc/t12/s4618)**]** ###
(a)Notice Before taking any action referred to in subsection (b), the Director shall provide to the regulated entity written notice of the proposed action, which states the reasons for the proposed action and the information on which the proposed action is based. ###
(b)Applicability The requirements of subsection
(a)shall apply to the following actions: ####
(1)Classification or reclassification of a regulated entity within a particular capital classification under section 1364. ####
(2)Any discretionary supervisory action pursuant to section 1365. ####
(3)Any discretionary supervisory action pursuant to section 1366 except a decision to appoint a conservator under section 1366(b)(6). Notice of classification under paragraph
(1)and notice of supervisory actions under paragraph
(2)or
(3)may be provided together in a single notice under subsection (a). ###
(c)Response Period ####
(1)In general During the 30-day period beginning on the date that a regulated entity is provided notice under subsection
(a)of a proposed action, the regulated entity may submit to the Director any information relevant to the action that the regulated entity considers appropriate for consideration by the Director in determining whether to take such action. The Director may, at the discretion of the Director, hold an informal administrative hearing to receive and discuss such information and the proposed determination. ####
(2)Extended period The Director may extend the period under paragraph
(1)for good cause for not more than 30 additional days. ####
(3)Shortened period The Director may shorten the period under paragraph
(1)if the Director determines that the condition of the regulated entity so requires or the regulated entity consents. ####
(4)Failure to respond The failure of a regulated entity to provide information during the response period under this subsection (as extended or shortened) shall waive any right of the regulated entity to comment on the proposed action of the Director. ###
(d)Consideration of Information and Determination After the expiration of the response period under subsection
(c)or upon receipt of information provided during such period by the regulated entity, whichever occurs earlier, the Director shall determine whether to take the action proposed, taking into consideration any relevant information submitted by the regulated entity during the response period. The Director shall provide written notice of a determination to take action and the reasons for such determination to the regulated entity, the Committee on Banking, Finance and Urban Affairs of the House of Representatives66, and the Committee on Banking, Housing, and Urban Affairs of the Senate. Such notice shall respond to any information submitted during the response period. 66Section 1(a) of Public Law 104–14, 109 Stat. 186, provides, in part, that “any reference in any provision of law enacted before January 4, 1995, to . . . the Committee on Banking, Finance and Urban Affairs of the House of Representatives shall be treated as referring to the Committee on Banking and Financial Services of the House of Representatives”. However, H. Res. 5, 107th Congress, agreed to on January 3, 2001, abolished the Committee on Banking and Financial Services and established the Committee on Financial Services, which has jurisdiction over many of the areas previously under the jurisdiction of the Committee on Banking and Financial Services. ###
(e)Effective Date of Actions An action referred to in subsection
(b)shall take effect upon receipt by the regulated entity of notice of the determination of the Director under subsection (d), unless otherwise provided in such notice. **[**Sections 1369, 1369A, and 1369B were repealed by Public Law 110–289**]**
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- Pub. L. 104-14
- 109 Stat. 186
- Pub. L. 110-289
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Sec. 1368
NOTICE OF CLASSIFICATION AND ENFORCEMENT ACTION
Pub. L.Pub. L. 104-14
Stat.109 Stat. 186
Pub. L.Pub. L. 110-289
Cites 4Cited by 0 across 0 sources