§ 4623. Judicial review of Director action

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(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.

(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 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.

(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.)

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statute-compilations

Sec. 1369D
JUDICIAL REVIEW OF DIRECTOR ACTION

CFR

statutes-at-large

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U.S. Code

Capital classifications
§ 4614

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1
Pub. L. 102–550, title XIII, § 1369D
106 Stat. 3985
Pub. L. 110–289, div. A, title I, § 1145(b)(3)
122 Stat. 2767
Section 4619 of this title
Pub. L. 110–289, div. A, title I, § 1145(b)(4)
Pub. L. 110–289, § 1145(b)(3)(B)
Pub. L. 110–289, § 1145(b)(3)(A)

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§ 4623

Judicial review of Director action

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U.S.C.§ 4614

Cite1

Pub. L.Pub. L. 102–550, title XIII, § 1369D

Stat.106 Stat. 3985

Pub. L.Pub. L. 110–289, div. A, title I, § 1145(b)(3)

Stat.122 Stat. 2767

Cites 10 · showing 6Cited by 12 across 4 sources