Page:United States Statutes at Large Volume 118.djvu/3493

 118 STAT. 3463 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(C) JUDICIAL REVIEW OF SUSPENSION PRIOR TO HEARING.—Not later than 10 days after a management official is suspended or prohibited from participation under subparagraph (A), the management official may apply to an appropriate district court for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to a notice of intent to remove served upon the management official under paragraph (2). ‘‘(4) AUTHORITY TO SUSPEND ON CRIMINAL CHARGES.— ‘‘(A) IN GENERAL.—If a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with a felony involving dishon esty or breach of trust, the Administrator may, by written notice served upon the management official, suspend the management official from office or prohibit the manage ment official from further participation in any manner in the management or conduct of the affairs of the small business lending company or non Federally regulated lender. ‘‘(B) EFFECTIVENESS.—A suspension or prohibition under subparagraph (A) shall remain in effect until the information, indictment, or complaint is finally disposed of, or until terminated by the Administrator or upon an order of a district court. ‘‘(C) AUTHORITY UPON CONVICTION.—If a judgment of conviction with respect to an offense described in subpara graph (A) is entered against a management official, then at such time as the judgment is not subject to further judicial review (and for purposes of this subparagraph shall not include any petition for a writ of habeas corpus), the Administrator may issue and serve upon the management official an order removing the management official, effective upon service of a copy of the order upon the small business lending company or non Federally regulated lender. ‘‘(D) AUTHORITY UPON DISMISSAL OR OTHER DISPOSI TION.—A finding of not guilty or other disposition of charges described in subparagraph (A) shall not preclude the Administrator from instituting proceedings under sub section (e) or (f). ‘‘(5) NOTIFICATION TO SMALL BUSINESS LENDING COMPANY OR A NON FEDERALLY REGULATED LENDER.—Copies of each notice required to be served on a management official under this section shall also be served upon the small business lending company or non Federally regulated lender involved. ‘‘(6) FINAL AGENCY ACTION AND JUDICIAL REVIEW.— ‘‘(A) ISSUANCE OF ORDERS.—After a hearing under this subsection, and not later than 30 days after the Adminis trator notifies 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 this section. The decision of the Administrator shall constitute final agency action for pur poses of chapter 7 of title 5, United States Code. Deadline. Deadline.

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