Page:United States Statutes at Large Volume 124.djvu/2051

 124 STAT. 2025 PUBLIC LAW 111–203—JULY 21, 2010 (g) CUSTODIAL CONTROL.—At any time during which any custo- dian is in custody or control of any documentary material, tangible things, reports, answers to questions, or transcripts of oral testi- mony given by any person in compliance with any civil investigative demand, such person may file, in the district court of the United States for the judicial district within which the office of such custo- dian is situated, and serve upon such custodian, a petition for an order of such court requiring the performance by such custodian of any duty imposed upon him by this section or rule promulgated by the Bureau. (h) JURISDICTION OF COURT.— (1) IN GENERAL.—Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. (2) APPEAL.—Any final order entered as described in para- graph (1) shall be subject to appeal pursuant to section 1291 of title 28, United States Code. SEC. 1053. HEARINGS AND ADJUDICATION PROCEEDINGS. (a) IN GENERAL.—The Bureau is authorized to conduct hearings and adjudication proceedings with respect to any person in the manner prescribed by chapter 5 of title 5, United States Code in order to ensure or enforce compliance with— (1) the provisions of this title, including any rules pre- scribed by the Bureau under this title; and (2) any other Federal law that the Bureau is authorized to enforce, including an enumerated consumer law, and any regulations or order prescribed thereunder, unless such Federal law specifically limits the Bureau from conducting a hearing or adjudication proceeding and only to the extent of such limita- tion. (b) SPECIAL RULES FOR CEASE-AND-DESIST PROCEEDINGS.— (1) ORDERS AUTHORIZED.— (A) IN GENERAL.—If, in the opinion of the Bureau, any covered person or service provider is engaging or has engaged in an activity that violates a law, rule, or any condition imposed in writing on the person by the Bureau, the Bureau may, subject to sections 1024, 1025, and 1026, issue and serve upon the covered person or service provider a notice of charges in respect thereof. (B) CONTENT OF NOTICE.—The notice under subpara- graph (A) shall contain a statement of the facts constituting the alleged violation or violations, and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the covered person or service provider, such hearing to be held not earlier than 30 days nor later than 60 days after the date of service of such notice, unless an earlier or a later date is set by the Bureau, at the request of any party so served. (C) CONSENT.—Unless the party or parties served under subparagraph (B) appear at the hearing personally or by a duly authorized representative, such person shall be deemed to have consented to the issuance of the cease- and-desist order. Deadlines. 12 USC 5563.