Page:United States Statutes at Large Volume 115 Part 1.djvu/990

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

115 STAT. 968 PUBLIC LAW 107-100—DEC. 21, 2001 Deadline. official shall be deemed to have consented to the issuance of an order of removal under paragraph (1). " (4) ISSUANCE OF ORDER OF REMOVAL. — "(A) IN GENERAL.— In the event of consent under paragraph (3)(B), or if upon the record made at a hearing described in this subsection, the Administrator finds that any of the grounds specified in the notice of removal has been established, the Administrator may issue such orders of removal from office as the Administrator deems appropriate. "(B) EFFECTIVENESS. — An order under subpsiragraph (A) shall— "(i) become effective at the expiration of 30 days after the date of service upon the subject licensee and the management official concerned (except in the case of an order issued upon consent as described in paragraph (3)(B), which shall become effective at the time specified in such order); and "(ii) remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Administrator or a reviewing court in accordance with this section. "(c) AUTHORITY TO SUSPEND OR PRomBiT PARTICIPATION.— "(1) IN GENERAL.—The Administrator may, if the Administrator deems it necessary for the protection of the licensee or the interests of the Administration, suspend from office or prohibit from further participation in any manner in the management or conduct of the affairs of the licensee, or both, any management official referred to in subsection (b)(D, by written notice to such effect served upon the management official. "(2) EFFECTIVENESS. —^A suspension or prohibition under paragraph (1)— "(A) shall become effective upon service of notice under paragraph (1); and "(B) unless stayed by a court in proceedings authorized by paragraph (3), shall remain in effect— "(i) pending the completion of the administrative proceedings pursuemt to a notice of intention to remove served under subsection (b); and "(ii) until such time as the Administrator shall dismiss the charges specified in the notice, or, if an order of removal or prohibition is issued against the management official, until the effective date of any such order. "(3) JUDICIAL REVIEW.— Not later than 10 days after any management official has been suspended from office or prohibited from participation in the management or conduct of the Eiffairs of a licensee, or both, under paragraph (1), that management official may apply to the United States district court for the judicial district in which the home office of the licensee is located, or the United States District Court for the District of Columbia, for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to a notice of intent to remove served upon the management official under subsection (b), and such court shall have jurisdiction to stay such action.