Page:United States Statutes at Large Volume 106 Part 5.djvu/328

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

106 STAT. 3966 PUBLIC LAW 102-550—OCT. 28, 1992 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 1343. Unless such a petition for review is timely filed as provided in section 1343, and thereafter until the record in the proceeding has been filed as so provided, the Secretary may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the Secretary considers proper. Upon such filing of the record, the Secretary may modify, terminate, or set aside any such order with permission of the court. 12 USC 4583. SEC. 1343. JUDICIAL REVIEW. (a) COMMENCEMENT.— An enterprise that is a party to a proceeding under section 1341 or 1345 may obtain review of any final order issued under such section by filing in the United States Court of Appeals for the District of Coliunbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the Secretary be modified, terminated, or set aside. The clerk of the court shall transmit a copy of Uie petition to the Secretary. (b) FILING OF RECORD.—Upon receiving a copy of a petition, the Secretary shall file in the coiut the record in the proceeding, as provided in section 2112 of title 28, United States Code. (c) JURISDICTION. — Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the Secretary shall (except as provided in the last sentence of section 1342(b)(2)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the Secretary. (d) REVIEW.—Review of such proceedings shall be governed by chapter 7 of title 5, United States Code. (e) ORDER To PAY PENALTY.—Such court shall have the authority in any such review to order payment of any penalty imposed by the Secretary under this subpart. (f) No AUTOMATIC STAY.—The commencement of proceedings for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Secretary. 12 USC 4584. SEC. 1344. ENFORCEMENT AND JURISDICTION. (a) ENFORCEMENT.— The Secretary may request the Attorney General of the United States to bring an action in the United States District Court for the District of Columbia for the enforcement of any effective notice or order issued under section 1341 or 1345. Such court shall have jurisdiction and power to order and require compliance herewith. (b) LIMITATION ON JURISDICTION.—Except as otherwise provided in this subpart, no court shall have jurisdiction to affect, by irgunction or otherwise, the issuance or enforcement of any notice or order under section 1341 or 1345, or to review, modi^, suspend, terminate, or set aside any such notice or order. 12 USC 4585. SEC. 134S. CIVIL MONEY PENALTIER (a) AUTHORITY.— The Secretary may impose a civil money penalty, in accordance with the provisions of this section, on any enterprise that has failed—