Page:United States Statutes at Large Volume 124.djvu/2053

 124 STAT. 2027 PUBLIC LAW 111–203—JULY 21, 2010 the filing of the record shall except as provided in the last sentence of paragraph (3) be exclusive, to affirm, modify, termi- nate, or set aside, in whole or in part, the order of the Bureau. Review of such proceedings shall be had as provided in chapter 7 of title 5 of the United States Code. The judgment and decree of the court shall be final, except that the same shall be subject to review by the Supreme Court of the United States, upon certiorari, as provided in section 1254 of title 28 of the United States Code. (5) NO STAY.—The commencement of proceedings for judicial review under paragraph (4) shall not, unless specifically ordered by the court, operate as a stay of any order issued by the Bureau. (c) SPECIAL RULES FOR TEMPORARY CEASE-AND-DESIST PRO- CEEDINGS.— (1) IN GENERAL.—Whenever the Bureau determines that the violation specified in the notice of charges served upon a person, including a service provider, pursuant to subsection (b), or the continuation thereof, is likely to cause the person to be insolvent or otherwise prejudice the interests of consumers before the completion of the proceedings conducted pursuant to subsection (b), the Bureau may issue a temporary order requiring the person to cease and desist from any such violation or practice and to take affirmative action to prevent or remedy such insolvency or other condition pending completion of such proceedings. Such order may include any requirement author- ized under this subtitle. Such order shall become effective upon service upon the person and, unless set aside, limited, or sus- pended by a court in proceedings authorized by paragraph (2), shall remain effective and enforceable pending the comple- tion of the administrative proceedings pursuant to such notice and until such time as the Bureau shall dismiss the charges specified in such notice, or if a cease-and-desist order is issued against the person, until the effective date of such order. (2) APPEAL.—Not later than 10 days after the covered per- son or service provider concerned has been served with a tem- porary cease-and-desist order, the person may apply to the United States district court for the judicial district in which the residence or principal office or place of business of the person is located, or the United States District Court for the District of Columbia, for an injunction setting aside, limiting, or suspending the enforcement, operation, or effectiveness of such order pending the completion of the administrative pro- ceedings pursuant to the notice of charges served upon the person under subsection (b), and such court shall have jurisdic- tion to issue such injunction. (3) INCOMPLETE OR INACCURATE RECORDS.— (A) TEMPORARY ORDER.—If a notice of charges served under subsection (b) specifies, on the basis of particular facts and circumstances, that the books and records of a covered person or service provider are so incomplete or inaccurate that the Bureau is unable to determine the financial condition of that person or the details or purpose of any transaction or transactions that may have a material effect on the financial condition of that person, the Bureau may issue a temporary order requiring— Deadline.