§ 4582. Hearings
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/usc/title-12/section-4582A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Requirements
(1)Venue and record Any hearing under section 4581 or 4585 of this title shall be held on the record and in the District of Columbia.
(2)Timing Any such hearing shall be fixed for a date not earlier than 30 days nor later than 60 days after service of the notice of charges under section 4581(b)(1) of this title or determination to impose a penalty under section 4585(c)(1) of this title, unless an earlier or a later date is set by the hearing officer at the request of the enterprise served.
(3)Procedure Any such hearing shall be conducted in accordance with chapter 5 of title 5.
(4)Failure to appear If the enterprise served fails to appear at the hearing through a duly authorized representative, such enterprise shall be deemed to have consented to the issuance of the cease-and-desist order or the imposition of the penalty for which the hearing is held.
(b)Issuance of order
(1)In general After any such hearing, and within 90 days after the enterprise has 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 the enterprise an order or orders consistent with the provisions of this subpart.
(2)Modification Judicial review of any such order shall be exclusively as provided in section 4583 of this title. Unless such a petition for review is timely filed as provided in section 4583 of this title, 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.
(Pub. L. 102–550, title XIII, § 1342, Oct. 28, 1992, 106 Stat. 3965; Pub. L. 110–289, div. A, title I, § 1130(e)(3)(A), July 30, 2008, 122 Stat. 2711.)
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- Pub. L. 102–550, title XIII, § 1342
- 106 Stat. 3965
- Pub. L. 110–289, div. A, title I, § 1130(e)(3)(A)
- 122 Stat. 2711
- Pub. L. 110–289
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§ 4582
Hearings
Fed. Reg.×5
U.S.C.×3
C.F.R.×2
Stat.×2
Stat. Comp.×1
Pub. L.Pub. L. 102–550, title XIII, § 1342
Stat.106 Stat. 3965
Pub. L.Pub. L. 110–289, div. A, title I, § 1130(e)(3)(A)
Stat.122 Stat. 2711
Pub. L.Pub. L. 110–289
Cites 8Cited by 13 across 5 sources