---
kind: "range"
citation: "12 U.S.C. §§ 4581–4588"
title: "12"
from: "4581"
to: "4588"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/12/4581..4588"
---

# §4581. Cease and desist proceedings

- (a) **Grounds for issuance—** The [Director](/usc/12/4502.md?p=9) may issue and serve a notice of charges under this section upon an [enterprise](/usc/12/4502.md?p=10) if the [Director](/usc/12/4502.md?p=9) determines that—
  - (1) the [enterprise](/usc/12/4502.md?p=10) has failed to submit a report under [section 4547](/usc/12/4547.md)[^1] of this title, following a notice of such failure, an opportunity for comment by the [enterprise](/usc/12/4502.md?p=10), and a final determination by the [Director](/usc/12/4502.md?p=9);
  - (2) the [enterprise](/usc/12/4502.md?p=10) has failed to submit the information required under subsection (m) or (n) of [section 1723a of this title](/usc/12/1723a.md), or subsection (e) or (f) of [section 1456 of this title](/usc/12/1456.md);
  - (3) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, the [enterprise](/usc/12/4502.md?p=10) has failed to submit a housing plan that complies with [section 4566(c) of this title](/usc/12/4566.md?p=c) within the applicable period; or
  - (4) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, the [enterprise](/usc/12/4502.md?p=10) has failed to comply with a housing plan under [section 4566(c) of this title](/usc/12/4566.md?p=c).
- (b) **Procedure—**
  - (1) **Notice of charges—** Each notice of charges issued under this section shall contain a statement of the facts constituting the alleged conduct and shall fix a time and place at which a hearing will be held to determine on the record whether an order to cease and desist from such conduct should issue.
  - (2) **Issuance of order—** If the [Director](/usc/12/4502.md?p=9) finds on the record made at a hearing described in [paragraph (1)](#b-1) that any conduct specified in the notice of charges has been established (or the [enterprise](/usc/12/4502.md?p=10) consents pursuant to [section 4582(a)(4) of this title](/usc/12/4582.md?p=a-4)), the [Director](/usc/12/4502.md?p=9) may issue and serve upon the [enterprise](/usc/12/4502.md?p=10) an order requiring the [enterprise](/usc/12/4502.md?p=10) to—
    - (A) submit a report under [section 4547](/usc/12/4547.md)[^1] of this title;
    - (B) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, submit a housing plan in compliance with [section 4566(c) of this title](/usc/12/4566.md?p=c);
    - (C) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, comply with the housing plan in compliance with [section 4566(c) of this title](/usc/12/4566.md?p=c); or
    - (D) provide the information required under subsection (m) or (n) of [section 1723a of this title](/usc/12/1723a.md), or subsection (e) or (f) of [section 1456 of this title](/usc/12/1456.md).
- (c) **Effective date—** An order under this section shall become effective upon the expiration of the 30-day period beginning on the date of service of the order upon the [enterprise](/usc/12/4502.md?p=10) (except in the case of an order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable as provided in the order, except to the extent that the order is stayed, modified, terminated, or set aside by action of the [Director](/usc/12/4502.md?p=9) or otherwise, as provided in this subpart.

# §4582. Hearings

- (a) **Requirements—**
  - (1) **Venue and record—** Any hearing under section [4581](/usc/12/4581.md) or [4585](/usc/12/4585.md) 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](/usc/12/4581.md?p=b-1) or determination to impose a penalty under [section 4585(c)(1) of this title](/usc/12/4585.md?p=c-1), unless an earlier or a later date is set by the hearing officer at the request of the [enterprise](/usc/12/4502.md?p=10) served.
  - (3) **Procedure—** Any such hearing shall be conducted in accordance with [chapter 5](/usc/5/chptI-ch5.md) of title 5.
  - (4) **Failure to appear—** If the [enterprise](/usc/12/4502.md?p=10) served fails to appear at the hearing through a duly authorized representative, such [enterprise](/usc/12/4502.md?p=10) 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](/usc/12/4502.md?p=10) has been notified that the case has been submitted to the [Director](/usc/12/4502.md?p=9) for final decision, the [Director](/usc/12/4502.md?p=9) shall render the decision (which shall include findings of fact upon which the decision is predicated) and shall issue and serve upon the [enterprise](/usc/12/4502.md?p=10) 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](/usc/12/4583.md). Unless such a petition for review is timely filed as provided in [section 4583 of this title](/usc/12/4583.md), and thereafter until the record in the proceeding has been filed as so provided, the [Director](/usc/12/4502.md?p=9) may at any time, modify, terminate, or set aside any such order, upon such notice and in such manner as the [Director](/usc/12/4502.md?p=9) considers proper. Upon such filing of the record, the [Director](/usc/12/4502.md?p=9) may modify, terminate, or set aside any such order with permission of the court.

# §4583. Judicial review

- (a) **Commencement—** An [enterprise](/usc/12/4502.md?p=10) that is a party to a proceeding under section [4581](/usc/12/4581.md) or [4585](/usc/12/4585.md) of this title may obtain review of any final order issued under such section by filing in the United States Court of Appeals for the District of Columbia Circuit, within 30 days after the date of service of such order, a written petition praying that the order of the [Director](/usc/12/4502.md?p=9) be modified, terminated, or set aside. The clerk of the court shall transmit a copy of the petition to the [Director](/usc/12/4502.md?p=9).
- (b) **Filing of record—** Upon receiving a copy of a petition, the [Director](/usc/12/4502.md?p=9) shall file in the court the record in the proceeding, as provided in [section 2112 of title 28](/usc/28/2112.md).
- (c) **Jurisdiction—** Upon the filing of a petition, such court shall have jurisdiction, which upon the filing of the record by the [Director](/usc/12/4502.md?p=9) shall (except as provided in the last sentence of [section 4582(b)(2) of this title](/usc/12/4582.md?p=b-2)) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the [Director](/usc/12/4502.md?p=9).
- (d) **Review—** Review of such proceedings shall be governed by [chapter 7](/usc/5/chptI-ch7.md) of title 5.
- (e) **Order to pay penalty—** Such court shall have the authority in any such review to order payment of any penalty imposed by the [Director](/usc/12/4502.md?p=9) 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 [Director](/usc/12/4502.md?p=9).

# §4584. Enforcement and jurisdiction

- (a) **Enforcement—** The [Director](/usc/12/4502.md?p=9) may bring a civil action in the United States [District](/usc/12/221a.md?p=a) Court for the District of Columbia for the enforcement of any effective notice or order issued under section [4581](/usc/12/4581.md) or [4585](/usc/12/4585.md) of this title. 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 injunction or otherwise, the issuance or enforcement of any notice or order under section [4581](/usc/12/4581.md) or [4585](/usc/12/4585.md) of this title, or to review, modify, suspend, terminate, or set aside any such notice or order.

# §4585. Civil money penalties

- (a) **Authority—** The [Director](/usc/12/4502.md?p=9) may impose a civil money penalty, in accordance with the provisions of this section, on any [enterprise](/usc/12/4502.md?p=10) that has failed to—
  - (1) submit a report under [section 4547](/usc/12/4547.md)[^1] of this title, following a notice of such failure, an opportunity for comment by the [enterprise](/usc/12/4502.md?p=10), and a final determination by the [Director](/usc/12/4502.md?p=9);
  - (2) submit the information required under subsection (m) or (n) of [section 1723a of this title](/usc/12/1723a.md) or subsection (e) or (f) of [section 1456 of this title](/usc/12/1456.md);
  - (3) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, submit a housing plan or perform its responsibilities under a remedial order issued pursuant to [section 4566(c) of this title](/usc/12/4566.md?p=c) within the required period; or
  - (4) solely with respect to the housing goals established under sections [4562(a)](/usc/12/4562.md?p=a) and [4563(a)(1)](/usc/12/4563.md?p=a-1) of this title, comply with a housing plan for the [enterprise](/usc/12/4502.md?p=10) under [section 4566(c) of this title](/usc/12/4566.md?p=c).
- (b) **Amount of penalty—** The amount of a penalty under this section, as determined by the [Director](/usc/12/4502.md?p=9), may not exceed—
  - (1) for any failure described in paragraph [(1)](#a-1), (5), or (6) of subsection (a), $100,000 for each day that the failure occurs; and
  - (2) for any failure described in paragraph [(2)](#a-2), [(3)](#a-3), or [(4)](#a-4) of subsection (a), $50,000 for each day that the failure occurs.
- (c) **Procedures—**
  - (1) **Establishment—** The [Director](/usc/12/4502.md?p=9) shall establish standards and procedures governing the imposition of civil money penalties under this section. Such standards and procedures—
    - (A) shall provide for the [Director](/usc/12/4502.md?p=9) to notify the [enterprise](/usc/12/4502.md?p=10) in writing of the determination of the [Director](/usc/12/4502.md?p=9) to impose the penalty, which shall be made on the record;
    - (B) shall provide for the imposition of a penalty only after the [enterprise](/usc/12/4502.md?p=10) has been given an opportunity for a hearing on the record pursuant to [section 4582 of this title](/usc/12/4582.md); and
    - (C) may provide for review by the [Director](/usc/12/4502.md?p=9) of any determination or order, or interlocutory ruling, arising from a hearing.
  - (2) **Factors in determining amount of penalty—** In determining the amount of a penalty under this section, the [Director](/usc/12/4502.md?p=9) shall give consideration to factors [including](/usc/12/25b.md?p=a-3)—
    - (A) the gravity of the offense;
    - (B) any history of prior offenses;
    - (C) ability to pay the penalty;
    - (D) injury to the public;
    - (E) benefits received;
    - (F) deterrence of future [violations](/usc/12/4502.md?p=25);
    - (G) the length of time that the [enterprise](/usc/12/4502.md?p=10) should reasonably take to achieve the goal; and
    - (H) such other factors as the [Director](/usc/12/4502.md?p=9) may determine, by regulation, to be appropriate.
- (d) **Action to collect penalty—** If an [enterprise](/usc/12/4502.md?p=10) fails to comply with an order by the [Director](/usc/12/4502.md?p=9) imposing a civil money penalty under this section, after the order is no longer subject to review, as provided in sections [4582](/usc/12/4582.md) and [4583](/usc/12/4583.md) of this title, the [Director](/usc/12/4502.md?p=9) may bring an action in the United States [District](/usc/12/221a.md?p=a) Court for the District of Columbia to obtain a monetary judgment against the [enterprise](/usc/12/4502.md?p=10), and such other relief as may be available. The monetary judgment may, in the court’s discretion, include the attorneys’ fees and other expenses incurred by the United States in connection with the action. In an action under this subsection, the validity and appropriateness of the order imposing the penalty shall not be subject to review.
- (e) **Settlement by Director—** The [Director](/usc/12/4502.md?p=9) may compromise, modify, or remit any civil money penalty which may be, or has been, imposed under this section.
- (f) **Deposit of penalties—** The [Director](/usc/12/4502.md?p=9) shall use any civil money penalties collected under this section to help [fund](/usc/12/4702.md?p=10) the Housing Trust [Fund](/usc/12/4702.md?p=10) established under [section 4568 of this title](/usc/12/4568.md).

# §4586. Public disclosure of final orders and agreements

- (a) **In general—** The [Director](/usc/12/4502.md?p=9) shall make available to the public—
  - (1) any written agreement or other written statement for which a [violation](/usc/12/4502.md?p=25) may be redressed by the [Director](/usc/12/4502.md?p=9) or any modification to or termination thereof, unless the [Director](/usc/12/4502.md?p=9), in the Secretary’s[^1] discretion, determines that public disclosure would be contrary to the public interest or determines under [subsection (c)](#c) that public disclosure would seriously threaten the financial health or security of the [enterprise](/usc/12/4502.md?p=10);
  - (2) any order that is issued with respect to any administrative enforcement proceeding initiated by the [Director](/usc/12/4502.md?p=9) under this subpart and that has become final in accordance with sections [4582](/usc/12/4582.md) and [4583](/usc/12/4583.md) of this title; and
  - (3) any modification to or termination of any final order made public pursuant to this subsection.
- (b) **Hearings—** All hearings with respect to any notice of charges issued by the [Director](/usc/12/4502.md?p=9) shall be open to the public, unless the [Director](/usc/12/4502.md?p=9), in the Secretary’s[^1] discretion, determines that holding an open hearing would be contrary to the public interest.
- (c) **Delay of public disclosure under exceptional circumstances—** If the [Director](/usc/12/4502.md?p=9) makes a determination in writing that the public disclosure of any final order pursuant to [subsection (a)](#a) would seriously threaten the financial soundness of the [enterprise](/usc/12/4502.md?p=10), the [Director](/usc/12/4502.md?p=9) may delay the public disclosure of such order for a reasonable time.
- (d) **Documents filed under seal in public enforcement hearings—** The [Director](/usc/12/4502.md?p=9) may file any document or part thereof under seal in any hearing under this subpart if the [Director](/usc/12/4502.md?p=9) determines in writing that disclosure thereof would be contrary to the public interest.
- (e) **Retention of documents—** The [Director](/usc/12/4502.md?p=9) shall keep and maintain a record, for not less than 6 years, of all documents described in [subsection (a)](#a) and all enforcement agreements and other supervisory actions and supporting documents issued with respect to or in connection with any enforcement proceeding initiated by the [Director](/usc/12/4502.md?p=9) under this subpart.
- (f) **Disclosures to Congress—** This section may not be construed to authorize the withholding, or to prohibit the disclosure, of any information to the Congress or any committee or subcommittee thereof.

# §4587. Notice of service


Any service required or authorized to be made by the [Director](/usc/12/4502.md?p=9) under this subpart may be made by registered mail or in such other manner reasonably calculated to give actual notice, as the [Director](/usc/12/4502.md?p=9) may by regulation or otherwise provide.


# §4588. Subpoena authority

- (a) **In general—** In the course of or in connection with any administrative proceeding under this subpart, the [Director](/usc/12/4502.md?p=9) shall have the authority—
  - (1) to administer oaths and affirmations;
  - (2) to take and preserve testimony under oath;
  - (3) to issue subpoenas and subpoenas duces tecum; and
  - (4) to revoke, quash, or modify subpoenas and subpoenas duces tecum issued by the [Director](/usc/12/4502.md?p=9).
- (b) **Witnesses and documents—** The attendance of witnesses and the production of documents provided for in this section may be required from any place in any [State](/usc/12/4502.md?p=22) at any designated place where such proceeding is being conducted.
- (c) **Enforcement—** The [Director](/usc/12/4502.md?p=9) may bring an action or may request the Attorney General of the United States to bring an action in the United States [district](/usc/12/221a.md?p=a) court for the judicial [district](/usc/12/221a.md?p=a) in which such proceeding is being conducted, or where the witness resides or conducts business, or the United States [District](/usc/12/221a.md?p=a) Court for the District of Columbia, for enforcement of any subpoena or subpoena duces tecum issued pursuant to this section. Such courts shall have jurisdiction and power to order and require compliance therewith.
- (d) **Fees and expenses—** Witnesses subpoenaed under this section shall be paid the same fees and mileage that are paid witnesses in the [district](/usc/12/221a.md?p=a) courts of the United States. Any court having jurisdiction of any proceeding instituted under this section by an [enterprise](/usc/12/4502.md?p=10) may allow to any such party such reasonable expenses and attorneys fees as the court deems just and proper. Such expenses and fees shall be paid by the [enterprise](/usc/12/4502.md?p=10) or from its assets.