Page:United States Statutes at Large Volume 115 Part 1.djvu/991

 PUBLIC LAW 107-100—DEC. 21, 2001 115 STAT. 969 "(d) AUTHORITY TO SUSPEND ON CRIMINAL CHARGES.— "(1) IN GENERAL.— Whenever a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with the commission of or participation in a felony involving dishonesty or breach of trust, the Administrator may, by written notice served upon that management official, suspend that management official from office or prohibit that management official from further participation in any manner in the management or conduct of the affairs of the licensee, or both. "(2) EFFECTIVENESS.— ^A suspension or prohibition under paragraph (1) shall remain in effect until the subject information, indictment, or complaint is finedly disposed of, or until terminated by the Administrator. "(3) AUTHORITY UPON CONVICTION. — If a judgment of conviction with respect to an offense described in paragraph (1) is entered against a management official, then at such time as the judgment is not subject to further appellate review, the Administrator may issue and serve upon the management official an order removing that management official, which removal shall become effective upon service of a copy of the order upon the licensee. " (4) AUTHORITY UPON DISMISSAL OR OTHER DISPOSI- TION.—^A finding of not guilty or other disposition of charges described in paragraph (1) shall not preclude the Administrator from thereafter instituting proceedings to suspend or remove the management official from office, or to prohibit the management officieJ from participation in the management or conduct of the affairs of the licensee, or both, pursuant to subsection (b) or (c). "(e) NOTIFICATION TO LICENSEES.— Copies of each notice required to be served on a management official under this section shall also be served upon the interested licensee. "(f) PROCEDURAL PROVISIONS; JUDICIAL REVIEW.— "(1) HEARING VENUE.— Any hearing provided for in this section shall be— "(A) held in the Federal judicial district or in the territory in which the principal office of the licensee is located, unless the party afforded the hearing consents to another place; and "(B) conducted in accordance with the provisions of chapter 5 of title 5, United States Code. "(2) ISSUANCE OF ORDERS. —After a hearing provided for Deadline, in this section, and not later than 90 days after the Administrator has notified the parties that the case has been submitted for final decision, the Administrator shall render a decision in the matter (which shall include findings of fact upon which its decision is predicated), and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with the provisions of this section. "(3) AUTHORITY TO MODIFY ORDERS.— The Administrator may modify, terminate, or set aside any order issued under this section— "(A) at any time, upon such notice, and in such manner as the Administrator deems proper, unless a petition for review is timely filed in a court of appeals of the United

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