344 
(B) CONTENTS.—An order to show cause shall— 
(i) contain a statement of the matters of fact and law as-
serted by the Administrator and the legal authority and juris-
diction under which a hearing is to be held; and 
(ii) state that a hearing will be held before the Adminis-
trator at a time and place stated in the order. 
(2) DETERMINATION.— 
(A) IN GENERAL.—If, after hearing (or waiver of hearing), the 
Administrator determines on the record that an order revoking or 
suspending the license or a cease and desist order should issue, 
the Administrator shall promptly issue such an order. 
(B) CONTENTS.—An order revoking or suspending a license or 
cease and desist order shall— 
(i) include a statement of the findings of the Administrator 
and the grounds and reasons for the order; and 
(ii) state the effective date of the order. 
(C) SERVICE.—The Administrator shall cause an order revoking 
or suspending a license or cease and desist order to be served on 
the licensee and any other person involved. 
(d) SUBPOENAS.— 
(1) IN GENERAL.—The Administrator may require by subpoena the 
attendance and testimony of witnesses and the production of all records 
relating to a hearing from any place in the United States. 
(2) FEES AND MILEAGE.—A witness summoned before the Adminis-
trator shall be paid by the party at whose instance the witness is called 
the same fees and mileage that are paid witnesses in the courts of the 
United States. 
(3) DISOBEDIENCE OF SUBPOENA.—In case of disobedience to a sub-
poena, the Administrator, or any party to a proceeding before the Ad-
ministrator, may invoke the aid of any court of the United States in 
requiring the attendance and testimony of a witness and the production 
of a record. 
(e) PETITION TO MODIFY OR SET ASIDE ORDER.— 
(1) FILING.— 
(A) PETITION BY RIGHT.—An order issued by the Adminis-
trator under this section shall be final and conclusive unless, with-
in 30 days after service of the order, the licensee or other person 
against which the order is issued appeals to the United States 
court of appeals for the circuit in which the licensee has its prin-
cipal place of business by filing with the clerk of the court a peti-
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tion praying that the Administrator’s order be set aside or modi-
fied in the manner stated in the petition. 
(B) PETITION BY LEAVE OF COURT.—After the expiration of 
the 30-day period described in subparagraph (A), a petition may 
be filed only by leave of court on a showing of reasonable grounds 
for failure to file the petition within the 30-day period. 
(2) TRANSCRIPT.—The clerk of the court shall immediately cause a 
copy of the petition to be delivered to the Administrator, and the Ad-
ministrator shall certify and file in the court a transcript of the record 
on which the order complained of was entered. If, before the transcript 
is filed, the Administrator amends or sets aside the order, in whole or 
in part, the petitioner may amend the petition within such time as the 
court may determine, on notice to the Administrator. 
(3) STAY OR SUSPENSION.—The filing of a petition for review shall 
not of itself stay or suspend the operation of the order of the Adminis-
trator, but the court of appeals may restrain or suspend, in whole or 
in part, the operation of the order pending the final hearing and deter-
mination of the petition. 
(4) COURT ACTION.—The court may affirm, modify, or set aside the 
order of the Administrator. 
(5) ADDITIONAL EVIDENCE.— 
(A) REOPENING OF HEARING.—If the court determines that the 
just and proper disposition of the case requires the taking of addi-
tional evidence, the court shall order the Administrator to reopen 
the hearing for the taking of such evidence, in such manner and 
on such terms and conditions as the court considers proper. 
(B) MODIFIED OR NEW FINDINGS.—The Administrator— 
(i) may modify the findings as to the facts, or make new 
findings, by reason of the additional evidence so taken; and 
(ii) shall file any modified or new findings and the amend-
ments, if any, of the order, with the record of such additional 
evidence. 
(6) LIMITATION ON CONSIDERATION OF OBJECTIONS.—No objection 
to an order of the Administrator shall be considered by the court unless 
the objection was urged before the Administrator or, if it was not so 
urged, unless there were reasonable grounds for failure to do so. 
(7) REVIEW OF JUDGMENT.—A judgment of the court affirming, 
modifying, or setting aside an order of the Administrator shall be sub-
ject only to review by the Supreme Court on certification or certiorari 
as provided in section 1254 of title 28. 
(f) ENFORCEMENT OF ORDER.— 
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346 
(1) IN GENERAL.—If a licensee or other person against which an 
order is issued under this section fails to obey the order, the Adminis-
trator— 
(A) may apply to the United States court of appeals for the cir-
cuit in which the licensee has its principal place of business for 
the enforcement of the order; and 
(B) shall file a transcript of the record on which the order com-
plained of was entered. 
(2) NOTICE.—On filing of an application under paragraph (1), the 
court shall cause notice of the application to be served on the licensee 
or other person. 
(3) EVIDENCE, PROCEDURE, AND JURISDICTION.—The evidence to 
be considered, the procedure to be followed, and the jurisdiction of the 
court shall be the same as is provided in subsection (e) for an applica-
tion to set aside or modify an order. 
§ 30320. Removal or suspension of, or prohibition of partici-
pation by, management officials 
(a) REMOVAL.— 
(1) NOTICE OF REMOVAL.—The Administrator may serve on a man-
agement official a written notice of the Administrator’s intention to re-
move the management official if, in the opinion of the Administrator— 
(A) the management official— 
(i) has willfully and knowingly committed a substantial vio-
lation of— 
(I) this subtitle (including a regulation issued under 
this subtitle); or 
(II) a cease and desist order that has become final; or 
(ii) has willfully and knowingly committed or engaged in an 
act, omission, or practice that constitutes a substantial breach 
of a fiduciary duty of the management official as a manage-
ment official; and 
(B) the violation or breach of fiduciary duty is one involving 
personal dishonesty on the part of the management official. 
(2) CONTENTS OF NOTICE.—A notice under paragraph (1) shall— 
(A) contain a statement of the facts constituting grounds for 
the notice; and 
(B) establish a time and place at which a hearing will be held 
on the proposed removal. 
(3) HEARING.— 
(A) TIMING.—A hearing on the notice shall be established for 
a date not earlier than 30 days nor later than 60 days after the 
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date of service of the notice under paragraph (2), unless an earlier 
or a later date is set by the Administrator at the request of— 
(i) the management official, for good cause; or 
(ii) the Attorney General. 
(B) CONSENT.—Unless the management official appears at a 
hearing under this paragraph in person or by an authorized rep-
resentative, the management official shall be deemed to have con-
sented to the issuance of an order of removal under paragraph (4). 
(4) ISSUANCE OF ORDER OF REMOVAL.— 
(A) IN GENERAL.—In the event of consent under paragraph 
(3)(B), or if on the record made at a hearing under this sub-
section the Administrator finds that any of the grounds specified 
in the notice of removal has been established, the Administrator 
may issue such orders of removal from office as the Administrator 
considers appropriate. 
(B) EFFECTIVENESS.—An order under subparagraph (A) 
shall— 
(i) become effective on the expiration of 30 days after the 
date of service on the management official and the licensee 
(except in the case of an order issued on consent as described 
in paragraph (3)(B), which shall become effective at the time 
specified in the order); and 
(ii) remain effective and enforceable, except to such extent 
as the order is stayed, modified, terminated, or set aside by 
action of the Administrator or a reviewing court in accord-
ance with this section. 
(b) SUSPENSION OR PROHIBITION OF PARTICIPATION.— 
(1) IN GENERAL.—The Administrator may, if the Administrator con-
siders it necessary for the protection of the licensee or the interests of 
the Administration, suspend from office or prohibit from further par-
ticipation in any manner in the management or conduct of the affairs 
of a licensee, or both, a management official described in subsection 
(a)(1) by written notice to that effect served on the management offi-
cial and the licensee. 
(2) EFFECTIVENESS.—A suspension or prohibition under paragraph 
(1)— 
(A) shall become effective on service of notice under paragraph 
(1); and 
(B) unless stayed by a court in proceedings under paragraph 
(3), shall remain in effect— 
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