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Code · STATUTE-COMPILATIONS · Compilation 10705 · Sec. 1369D

Sec. 1369D. JUDICIAL REVIEW OF DIRECTOR ACTION

351 words·~2 min read·/statute-compilations/comps-10705/sec-1369d

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## SEC. 1369D JUDICIAL REVIEW OF DIRECTOR ACTION **[**[12 U.S.C. 4623](/us/usc/t12/s4623)**]** ###
(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 1364 or a discretionary supervisory action taken under this subtitle by the Director (other than action to appoint a conservator under section 1366 or 1367 or action under section 1369) 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. ####
(2)Place for filing A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit. ###
(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 subtitle (other than appointment of a conservator under section 1366 or 1367 or action under section 1369) or to review, modify, suspend, terminate, or set aside such classification or action.
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Sec. 1369D
JUDICIAL REVIEW OF DIRECTOR ACTION
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