Page:United States Statutes at Large Volume 118.djvu/3494

 118 STAT. 3464 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(B) JUDICIAL REVIEW.—An adversely aggrieved party shall have 20 days from the date of issuance of the order to seek judicial review in an appropriate district court. ‘‘(h) APPOINTMENT OF RECEIVER.— ‘‘(1) In any proceeding under subsection (f)(4) or subsection (g)(6)(C), the court may take exclusive jurisdiction of a small business lending company or a non Federally regulated lender and appoint a receiver to hold and administer the assets of the company or lender. ‘‘(2) Upon request of the Administrator, the court may appoint the Administrator as a receiver under paragraph (1). ‘‘(i) POSSESSION OF ASSETS.— ‘‘(1) If a small business lending company or a non Federally regulated lender is not in compliance with capital requirements or is insolvent, the Administrator may take possession of the portfolio of loans guaranteed by the Administrator and sell such loans to a third party by means of a receiver appointed under subsection (h). ‘‘(2) If a small business lending company or a non Federally regulated lender is not in compliance with capital requirements or is insolvent or otherwise operating in an unsafe and unsound condition, the Administrator may take possession of servicing activities of loans that are guaranteed by the Administrator and sell such servicing rights to a third party by means of a receiver appointed under subsection (h). ‘‘(j) PENALTIES AND FORFEITURES.— ‘‘(1) Except as provided in paragraph (2), a small business lending company or a non Federally regulated lender which violates any regulation or written directive issued by the Administrator regarding the filing of any regular or special report shall pay to the United States a civil penalty of not more than $5,000 for each day of the continuance of the failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties under this subsection may be enforced in a civil action brought by the Administrator. The penalties under this subsection shall not apply to any affiliate of a small busi ness lending company that procures at least 10 percent of its annual purchasing requirements from small manufacturers. ‘‘(2) The Administrator may by rules and regulations that shall be codified in the Code of Federal Regulations, after an opportunity for notice and comment, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing which shall be conducted pursuant to sections 554, 556, and 557 of title 5, United States Code, exempt in whole or in part, any small business lending company or non Federally regulated lender from paragraph (1), upon such terms and conditions and for such period of time as it deems necessary and appropriate, if the Administrator finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administrator may for the purposes of this section make any alternative requirements appropriate to the situation.’’. Deadline.

�