Page:United States Statutes at Large Volume 104 Part 1.djvu/983

 PUBLIC LAW 101-429—OCT. 15, 1990 104 STAT. 949 transfer agent, or is, or was at the time of the alleged misconduct, an associated person of, or a person seeking to become associated with, any of the foregoing. "(4) REVIEW OF TEMPORARY ORDERS. — "(A) COMMISSION REVIEW.—At any time after the respondent has been served with a temporary cease-and-desist order pursugmt to paragraph (3), the respondent may apply to the Commission to have the order set aside, limited, or suspended. If the respondent has been served with a temporary cease-and-desist order entered without a prior Commission hearing, the respondent may, within 10 days after the date on which the order was served, request a hearing on such application and the Commission shall hold a hearing and render a decision on such application at the earliest possible time. "(B) JUDICIAL REVIEW.— Within— "(i) 10 days after the date the respondent was served with a temporary cease-and-desist order entered with a prior Commission hearing, or "(ii) 10 days after the Commission renders a decision on an application and hearing under subparagraph (A), with respect to any temporary cease-and-desist order entered without a prior Commission hearing, the respondent may apply to the United States district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia, for an order setting Eiside, limiting, or suspending the effectiveness or enforcement of the order, and the court shall have jurisdiction to enter such an order. A respondent served with a temporary cease-and-desist order entered without a prior Commission hearing may not apply to the court except after hearing and decision by the Commission on the respondent's application under subparagraph (A) of this paragraph. "(C) No AUTOMATIC STAY OF TEMPORARY ORDER. —The commencement of proceedings under subparagraph (B) of this paragraph shall not, unless specifically ordered by the court, operate as a stay of the Commission's order. "(D) EXCLUSIVE REVIEW.—Section 213 of this title shall not apply to a temporary order entered pursuant to this section. "(5) AUTHORITY TO ENTER AN ORDER REQUIRING AN ACCOUNT- ING AND DISGORGEMENT.— In any cease-and-desist proceeding under paragraph (1), the Commission may enter an order requiring accounting and disgorgement, including reasonable interest. The Commission is authorized to adopt rules, regulations, and orders concerning payments to investors, rates of interest, periods of accrual, and such other matters as it deems appropriate to implement this subsection.". SEC. 402. MONEY PENALTIES IN CIVIL ACTIONS. Section 209 of the Investment Advisers Act of 1940 (15 U.S.C. 80b - 9) is amended by adding at the end thereof the following new subsection: "(e) MONEY PENALTIES IN CIVIL ACTIONS.— "(1) AUTHORITY OF COMMISSION.— Whenever it shall appear to the Commission that any person has violated any provision of

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