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Public Law 111-203 including PTFA amendments

Page 651

Public Law 111-203 including PTFA amendments · 2026-09-26 edition · updated 2026-09-27 · California

PUBLIC LAW 111–203—JULY 21, 2010 124 STAT. 2025

(g) CUSTODIAL CONTROL.—At any time during which any custo-
dian is in custody or control of any documentary material, tangible
things, reports, answers to questions, or transcripts of oral testi-
mony given by any person in compliance with any civil investigative
demand, such person may file, in the district court of the United
States for the judicial district within which the office of such custo-
dian is situated, and serve upon such custodian, a petition for
an order of such court requiring the performance by such custodian
of any duty imposed upon him by this section or rule promulgated
by the Bureau.
(h) JURISDICTION OF COURT.—
(1) IN GENERAL.—Whenever any petition is filed in any
district court of the United States under this section, such
court shall have jurisdiction to hear and determine the matter
so presented, and to enter such order or orders as may be
required to carry out the provisions of this section.
(2) APPEAL.—Any final order entered as described in para-
graph (1) shall be subject to appeal pursuant to section 1291
of title 28, United States Code.

SEC. 1053. HEARINGS AND ADJUDICATION PROCEEDINGS. 12 USC 5563.
(a) IN GENERAL.—The Bureau is authorized to conduct hearings
and adjudication proceedings with respect to any person in the
manner prescribed by chapter 5 of title 5, United States Code
in order to ensure or enforce compliance with—
(1) the provisions of this title, including any rules pre-
scribed by the Bureau under this title; and
(2) any other Federal law that the Bureau is authorized
to enforce, including an enumerated consumer law, and any
regulations or order prescribed thereunder, unless such Federal
law specifically limits the Bureau from conducting a hearing
or adjudication proceeding and only to the extent of such limita-
tion.
(b) SPECIAL RULES FOR CEASE-AND-DESIST PROCEEDINGS.—
(1) ORDERS AUTHORIZED.—
(A) IN GENERAL.—If, in the opinion of the Bureau,
any covered person or service provider is engaging or has
engaged in an activity that violates a law, rule, or any
condition imposed in writing on the person by the Bureau,
the Bureau may, subject to sections 1024, 1025, and 1026,
issue and serve upon the covered person or service provider
a notice of charges in respect thereof.
(B) CONTENT OF NOTICE.—The notice under subpara- Deadlines.
graph (A) shall contain a statement of the facts constituting
the alleged violation or violations, 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 or service provider, 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, at the request of
any party so served.
(C) CONSENT.—Unless the party or parties served
under subparagraph (B) appear at the hearing personally

LAWS or by a duly authorized representative, such person shall be deemed to have consented to the issuance of the cease- and-desist order.PUBLIC with on anorris VerDate Nov 24 2008 10:40 Sep 02, 2010 Jkt 089139 PO 00203 Frm 00651 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL203.111 APPS06 PsN: PUBL203

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▸Contents — Public Law 111-203 including PTFA amendments

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