
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 12USC2266]

 
                       TITLE 12--BANKS AND BANKING
 
                     CHAPTER 23--FARM CREDIT SYSTEM
 
          SUBCHAPTER V--FARM CREDIT ADMINISTRATION ORGANIZATION
 
        Part C--Enforcement Powers of Farm Credit Administration
 
Sec. 2266. Hearings and judicial review


(a) Venue; closed hearings; decisions and findings of fact; orders; 
        modification or other action by Farm Credit Administration; 
        judicial review

    Any hearing provided for in this part (other than the hearing 
provided for in section 2265 of this title) shall be held in the Federal 
judicial district or in the territory in which the home office of the 
institution is located unless the party afforded the hearing consents to 
another place, and shall be conducted in accordance with the provisions 
of chapter 5 of title 5. Such hearing shall be private, unless the Farm 
Credit Administration, in its discretion, after fully considering the 
views of the party afforded the hearing, determines that a public 
hearing is necessary to protect the public interest. After such hearing, 
and within ninety days after the Farm Credit Administration has notified 
the parties that the case has been submitted to it for final decision, 
it shall render its decision (which shall include findings of fact upon 
which its decision is predicated) and shall issue and serve upon each 
party to the proceeding an order or orders consistent with the 
provisions of this part. Judicial review of any such order shall be 
exclusively as provided in this section. Unless a petition for review is 
timely filed in a court of appeals of the United States, as hereinafter 
provided in subsection (b) of this section, and thereafter until the 
record in the proceeding has been filed as so provided, the Farm Credit 
Administration may at any time, upon such notice and in such manner as 
it shall deem proper, modify, terminate, or set aside any such order. 
Upon such filing of the record, the Farm Credit Administration may 
modify, terminate, or set aside any such order with permission of the 
court.

(b) Judicial review; commencement of proceedings; filing of petition and 
        record; exclusive jurisdiction; finality of judgment and decree

    Any party to the proceeding, or any person required by an order 
issued under this part to cease and desist from any of the violations or 
practices stated therein, may obtain a review of any order served under 
subsection (a) of this section (other than an order issued with the 
consent of the System institution or the director or officer or other 
person concerned, or an order issued under section 2265 of this title) 
by the filing in the court of appeals of the United States for the 
circuit in which the home office of the institution is located, or in 
the United States Court of Appeals for the District of Columbia Circuit, 
within thirty days after the date of service of such order, a written 
petition praying that the order of the Farm Credit Administration be 
modified, terminated, or set aside. A copy of such petition shall be 
forthwith transmitted by the clerk of the court to the Farm Credit 
Administration, and thereupon the Farm Credit Administration shall file 
in the court the record in the proceeding, as provided in section 2112 
of title 28. Upon the filing of such petition, such court shall have 
jurisdiction, which upon the filing of the record shall except as 
provided in the last sentence of subsection (a) of this section be 
exclusive, to affirm, modify, terminate, or set aside, in whole or in 
part, the order of the Farm Credit Administration. Review of such 
proceedings shall be had as provided in chapter 7 of title 5. The 
judgment and decree of the court shall be final, except that the same 
shall be subject to review by the Supreme Court upon certiorari, as 
provided in section 1254 of title 28.

(c) Proceedings operating as stays of orders

    The commencement of proceedings for judicial review under subsection 
(b) of this section shall not, unless specifically ordered by the court, 
operate as a stay of any order issued by the Farm Credit Administration.

(Pub. L. 92-181, title V, Sec. 5.30, as added Pub. L. 99-205, title II, 
Sec. 204, Dec. 23, 1985, 99 Stat. 1699; amended Pub. L. 100-233, title 
VIII, Sec. 805(cc), Jan. 6, 1988, 101 Stat. 1717.)


                            Prior Provisions

    A prior section 5.30 of Pub. L. 92-181 was renumbered section 5.44 
and transferred from section 2260 to section 2275 of this title.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-233 substituted ``this section'' for 
``this subsection (g)''.


                             Effective Date

    Section effective thirty days after Dec. 23, 1985, see section 401 
of Pub. L. 99-205, set out as an Effective Date of 1985 Amendment note 
under section 2001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2271 of this title.
