Page:United States Statutes at Large Volume 103 Part 1.djvu/562

 103 STAT. 534 PUBLIC LAW 101-73 —AUG. 9, 1989 mination of the Board with respect to such claim shall be subject to judicial review under chapter 7 of title 5, United States Code. "(B) OTHER REVIEW PROCEDURES.— "(i) IN GENERAL.—The Board shall also establish such alternative dispute resolution processes as may be appropriate for the resolution of claims filed under paragraph (5)(A)(i). " (ii) CRITERIA.—In establishing alternative dispute resolution processes, the Board shall strive for proce- dures which are expeditious, fair, independent, and low cost. "(iii) VOLUNTARY BINDING OR NONBINDING PROCE- DURES.— The Board may establish both binding and nonbinding processes, which may be conducted by any government or private party, but all parties, including the claimant and the Board, must agree to the use of the process in a particular case. "(iv) CONSIDERATION OF INCENTIVES. —The Board shall seek to develop incentives for claimants to participate in the alternative dispute resolution process. " (8) EXPEDITED DETERMINATION OF CLAIMS.— "(A) ESTABLISHMENT REQUIRED.— The Board shall estab- lish a procedure for expedited relief outside of the routine claims process established under paragraph (5) for claim- ants who— "(i) allege the existence of legally valid and enforce- able or perfected security interests in assets of any credit union for which the Board has been appointed liquidating agent; and "(ii) allege that irreparable injury will occur if the routine claims procedure is followed. "(B) DETERMINATION PERIOD. —Before the end of the 90- day period beginning on the date any claim is filed in accordance with the procedures established pursuant to subparagraph (A), the Board shall— "(i) determine— "(I) whether to allow or disallow such claim; or "(II) whether such claim should be determined pursuant to the procedures established pursuant to paragraph (5); or "(ii) notify the claimant of the determination, and if the claim is disallowed, a statement of each reason for ' the disallowance and the procedure for obtaining agency review or judicial determination. "(C) PERIOD FOR FIUNG OR RENEWING SUIT.—Any claimant who files a request for expedited relief shall be permitted to file a suit, or to continue a suit filed before the appointment of the liquidating agent, seeking a determination of the claimant's rights with respect to such security interest after the earlier of— "(i) the end of the 90-day period beginning on the date of the filing of a request for expedited relief; or "(ii) the date the Board denies the claim. "(D) STATUTE OF LIMITATIONS. — If an action described in subparagraph (C) is not filed, or the motion to renew a previously filed suit is not made, before the end of the

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