---
kind: "section"
citation: "12 U.S.C. § 5563"
title: "12"
title_heading: "Banks and Banking"
number: "5563"
heading: "Hearings and adjudication proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5563"
units:
  - "Chapter 53 — Wall Street Reform and Consumer Protection"
  - "Subchapter V — Bureau of Consumer Financial Protection"
  - "Part E — Enforcement Powers"
---

# §5563. Hearings and adjudication proceedings

- (a) **In general—** The [Bureau](/usc/12/5301.md?p=4) is authorized to conduct hearings and adjudication proceedings with respect to any [person](/usc/12/5481.md?p=19) in the manner prescribed by [chapter 5](/usc/5/chptI/ch5.md) of title 5 in order to ensure or enforce compliance with—
  - (1) the provisions of this title,[^1] [including](/usc/12/5301.md?p=18-A) any rules prescribed by the [Bureau](/usc/12/5301.md?p=4) under this title;[^1] and
  - (2) any other Federal law that the [Bureau](/usc/12/5301.md?p=4) is authorized to enforce, [including](/usc/12/5301.md?p=18-A) an enumerated [consumer](/usc/12/5481.md?p=4) law, and any regulations or order prescribed thereunder, unless such Federal law specifically limits the [Bureau](/usc/12/5301.md?p=4) from conducting a hearing or adjudication proceeding and only to the extent of such limitation.
- (b) **Special rules for cease-and-desist proceedings—**
  - (1) **Orders authorized—**
    - (A) **In general—** If, in the opinion of the [Bureau](/usc/12/5301.md?p=4), any [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) is engaging or has engaged in an activity that violates a law, rule, or any condition imposed in writing on the [person](/usc/12/5481.md?p=19) by the [Bureau](/usc/12/5301.md?p=4), the [Bureau](/usc/12/5301.md?p=4) may, subject to sections [5514](/usc/12/5514.md), [5515](/usc/12/5515.md), and [5516](/usc/12/5516.md) of this title, issue and serve upon the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) a notice of charges in respect thereof.
    - (B) **Content of notice—** The notice under [subparagraph (A)](#b-1-A) shall contain a statement of the facts constituting the alleged [violation](/usc/12/5561.md?p=5) or [violations](/usc/12/5561.md?p=5), and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A), such hearing to be held not earlier than 30 days nor later than 60 days after the date of service of such notice, unless an earlier or a later date is set by the [Bureau](/usc/12/5301.md?p=4), at the request of any party so served.
    - (C) **Consent—** Unless the party or parties served under [subparagraph (B)](#b-1-B) appear at the hearing personally or by a duly authorized representative, such [person](/usc/12/5481.md?p=19) shall be deemed to have consented to the issuance of the cease-and-desist order.
    - (D) **Procedure—** In the event of consent under [subparagraph (C)](#b-1-C), or if, upon the record, made at any such hearing, the [Bureau](/usc/12/5301.md?p=4) finds that any [violation](/usc/12/5561.md?p=5) specified in the notice of charges has been established, the [Bureau](/usc/12/5301.md?p=4) may issue and serve upon the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) an order to cease and desist from the [violation](/usc/12/5561.md?p=5) or practice. Such order may, by provisions which may be mandatory or otherwise, require the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) to cease and desist from the subject activity, and to take affirmative action to correct the conditions resulting from any such [violation](/usc/12/5561.md?p=5).
  - (2) **Effectiveness of order—** A cease-and-desist order shall become effective at the expiration of 30 days after the date of service of an order under [paragraph (1)](#b-1) upon the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) concerned (except in the case of a cease-and-desist order issued upon consent, which shall become effective at the time specified therein), and shall remain effective and enforceable as provided therein, except to such extent as the order is stayed, modified, terminated, or set aside by action of the [Bureau](/usc/12/5301.md?p=4) or a reviewing [court](/usc/12/5381.md?p=a-6).
  - (3) **Decision and appeal—** Any hearing provided for in this subsection shall be held in the Federal judicial district or in the territory in which the residence or principal [office](/usc/12/5341.md?p=1) or place of business of the [person](/usc/12/5481.md?p=19) is located unless the [person](/usc/12/5481.md?p=19) consents to another place, and shall be conducted in accordance with the provisions of chapter 5 of title 5. After such hearing, and within 90 days after the [Bureau](/usc/12/5301.md?p=4) has notified the parties that the case has been submitted to the [Bureau](/usc/12/5301.md?p=4) for final decision, the [Bureau](/usc/12/5301.md?p=4) 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 section. Judicial review of any such order shall be exclusively as provided in this subsection. Unless a petition for review is timely filed in a [court](/usc/12/5381.md?p=a-6) of appeals of the United States, as provided in [paragraph (4)](#b-4), and thereafter until the record in the proceeding has been filed as provided in [paragraph (4)](#b-4), the [Bureau](/usc/12/5301.md?p=4) may at any time, upon such notice and in such manner as the [Bureau](/usc/12/5301.md?p=4) shall determine proper, modify, terminate, or set aside any such order. Upon filing of the record as provided, the [Bureau](/usc/12/5301.md?p=4) may modify, terminate, or set aside any such order with permission of the [court](/usc/12/5381.md?p=a-6).
  - (4) **Appeal to court of appeals—** Any party to any proceeding under this subsection may obtain a review of any order served pursuant to this subsection (other than an order issued with the consent of the [person](/usc/12/5481.md?p=19) concerned) by the filing in the [court](/usc/12/5381.md?p=a-6) of appeals of the United States for the circuit in which the principal [office](/usc/12/5341.md?p=1) of the [covered person](/usc/12/5481.md?p=6) is located, or in the United States [Court](/usc/12/5381.md?p=a-6) 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 [Bureau](/usc/12/5301.md?p=4) be modified, terminated, or set aside. A copy of such petition shall be forthwith transmitted by the clerk of the [court](/usc/12/5381.md?p=a-6) to the [Bureau](/usc/12/5301.md?p=4), and thereupon the [Bureau](/usc/12/5301.md?p=4) shall file in the [court](/usc/12/5381.md?p=a-6) the record in the proceeding, as provided in [section 2112 of title 28](/usc/28/2112.md). Upon the filing of such petition, such [court](/usc/12/5381.md?p=a-6) shall have jurisdiction, which upon the filing of the record shall except as provided in the last sentence of [paragraph (3)](#b-3) be exclusive, to affirm, modify, terminate, or set aside, in whole or in part, the order of the [Bureau](/usc/12/5301.md?p=4). Review of such proceedings shall be had as provided in chapter 7 of title 5. The judgment and decree of the [court](/usc/12/5381.md?p=a-6) shall be final, except that the same shall be subject to review by the Supreme [Court](/usc/12/5381.md?p=a-6) of the United States, upon certiorari, as provided in [section 1254 of title 28](/usc/28/1254.md).
  - (5) **No stay—** The commencement of proceedings for judicial review under [paragraph (4)](#b-4) shall not, unless specifically ordered by the [court](/usc/12/5381.md?p=a-6), operate as a stay of any order issued by the [Bureau](/usc/12/5301.md?p=4).
- (c) **Special rules for temporary cease-and-desist proceedings—**
  - (1) **In general—** Whenever the [Bureau](/usc/12/5301.md?p=4) determines that the [violation](/usc/12/5561.md?p=5) specified in the notice of charges served upon a [person](/usc/12/5481.md?p=19), [including](/usc/12/5301.md?p=18-A) a [service provider](/usc/12/5481.md?p=26-A), pursuant to [subsection (b)](#b), or the continuation thereof, is likely to cause the [person](/usc/12/5481.md?p=19) to be insolvent or otherwise prejudice the interests of [consumers](/usc/12/5481.md?p=4) before the completion of the proceedings conducted pursuant to [subsection (b)](#b), the [Bureau](/usc/12/5301.md?p=4) may issue a temporary order requiring the [person](/usc/12/5481.md?p=19) to cease and desist from any such [violation](/usc/12/5561.md?p=5) or practice and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of such proceedings. Such order may include any requirement authorized under this part. Such order shall become effective upon service upon the [person](/usc/12/5481.md?p=19) and, unless set aside, limited, or suspended by a [court](/usc/12/5381.md?p=a-6) in proceedings authorized by [paragraph (2)](#c-2), shall remain effective and enforceable pending the completion of the administrative proceedings pursuant to such notice and until such time as the [Bureau](/usc/12/5301.md?p=4) shall dismiss the charges specified in such notice, or if a cease-and-desist order is issued against the [person](/usc/12/5481.md?p=19), until the effective date of such order.
  - (2) **Appeal—** Not later than 10 days after the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) concerned has been served with a temporary cease-and-desist order, the [person](/usc/12/5481.md?p=19) may apply to the United States district [court](/usc/12/5381.md?p=a-6) for the judicial district in which the residence or principal [office](/usc/12/5341.md?p=1) or place of business of the [person](/usc/12/5481.md?p=19) is located, or the United States District [Court](/usc/12/5381.md?p=a-6) for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative proceedings pursuant to the notice of charges served upon the [person](/usc/12/5481.md?p=19) under [subsection (b)](#b), and such [court](/usc/12/5381.md?p=a-6) shall have jurisdiction to issue such injunction.
  - (3) **Incomplete or inaccurate records—**
    - (A) **Temporary order—** If a notice of charges served under [subsection (b)](#b) specifies, on the basis of particular facts and circumstances, that the books and records of a [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) are so incomplete or inaccurate that the [Bureau](/usc/12/5301.md?p=4) is unable to determine the financial condition of that [person](/usc/12/5481.md?p=19) or the details or purpose of any transaction or transactions that may have a material effect on the financial condition of that [person](/usc/12/5481.md?p=19), the [Bureau](/usc/12/5301.md?p=4) may issue a temporary order requiring—
      - (i) the cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate [state](/usc/12/5301.md?p=16) of the books or records; or
      - (ii) affirmative action to restore such books or records to a complete and accurate [state](/usc/12/5301.md?p=16), until the completion of the proceedings under [subsection (b)(1)](#b-1).
    - (B) **Effective period—** Any temporary order issued under [subparagraph (A)](#c-3-A)—
      - (i) shall become effective upon service; and
      - (ii) unless set aside, limited, or suspended by a [court](/usc/12/5381.md?p=a-6) in proceedings under [paragraph (2)](#c-2), shall remain in effect and enforceable until the earlier of—
        - (I) the completion of the proceeding initiated under [subsection (b)](#b) in connection with the notice of charges; or
        - (II) the date the [Bureau](/usc/12/5301.md?p=4) determines, by examination or otherwise, that the books and records of the [covered person](/usc/12/5481.md?p=6) or [service provider](/usc/12/5481.md?p=26-A) are accurate and reflect the financial condition thereof.
- (d) **Special rules for enforcement of orders—**
  - (1) **In general—** The [Bureau](/usc/12/5301.md?p=4) may in its discretion apply to the United States district [court](/usc/12/5381.md?p=a-6) within the jurisdiction of which the principal [office](/usc/12/5341.md?p=1) or place of business of the [person](/usc/12/5481.md?p=19) is located, for the enforcement of any effective and outstanding notice or order issued under this section, and such [court](/usc/12/5381.md?p=a-6) shall have jurisdiction and power to order and require compliance herewith.
  - (2) **Exception—** Except as otherwise provided in this subsection, no [court](/usc/12/5381.md?p=a-6) shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any notice or order or to review, modify, suspend, terminate, or set aside any such notice or order.
- (e) **Rules—** The [Bureau](/usc/12/5301.md?p=4) shall prescribe rules establishing such procedures as may be necessary to carry out this section.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 111–203, title X, § 1053, July 21, 2010, 124 Stat. 2025.)

## Notes

### Editorial Notes

### References in Text

This title, referred to in subsec. (a)(1), is title X of Pub. L. 111–203, July 21, 2010, 124 Stat. 1955, known as the Consumer Financial Protection Act of 2010, which enacted this subchapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of title X to the Code, see Short Title note set out under section 5301 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the designated transfer date, see section 1058 of Pub. L. 111–203, set out as a note under section 5561 of this title.