Delegation of functions, duties, and powers; scope of delegations; appointment, etc., of delegates; right of appeal
The authority and responsibility for administering this chapter shall be in the Director of the Bureau of Consumer Financial Protection who may delegate any of his functions, duties, and powers to employees of the Bureau of Consumer Financial Protection or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this chapter. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Bureau in compliance with sections 3105, 3344, 5372, and 7521 of title 5. The Director shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Bureau, to boards of officers or to himself, as shall be appropriate and in accordance with law.
Hearings
All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in accordance with the provisions of subchapter II of chapter 5, and chapter 7, of title 5.
Procedures applicable
The Director shall conduct all actions with respect to rulemaking or adjudication under this chapter in accordance with the provisions of chapter 5 of title 5. Notice shall be given of any adverse action or final disposition and such notice and the entry of any order shall be accompanied by a written statement of supporting facts and legal authority.
Pub. L. 90–448, title XIV, § 141682 Stat. 597 Pub. L. 95–251, § 2(a)(5)92 Stat. 183 Pub. L. 95–454, title VIII, § 801(a)(3)(J)92 Stat. 1222 Pub. L. 96–153, title IV, § 40793 Stat. 1131 Pub. L. 98–479, title II, § 202(d)98 Stat. 2228 Pub. L. 111–203, title X, § 1098A(1)124 Stat. 2105 (, , ; , , ; , , ; , , ; , , ; –(3), (5), , .)
Editorial Notes
Amendments
Pub. L. 111–203, § 1098A(1)2010—, substituted “Director” for “Secretary” wherever appearing.
Pub. L. 111–203, § 1098A(5)Subsec. (a). , substituted “Director of the Bureau of Consumer Financial Protection” for “Secretary of Housing and Urban Development”.
Pub. L. 111–203, § 1098A(3), substituted “in the Bureau” for “in the Department” in two places.
Pub. L. 111–203, § 1098A(2), substituted “Bureau of Consumer Financial Protection or” for “Department of Housing and Urban Development or”.
Pub. L. 98–4791984—Subsec. (b). substituted “subchapter II of chapter 5, and chapter 7, of title 5” for “the Administrative Procedure Act”.
Pub. L. 96–1531979—Subsec. (c). added subsec. (c).
Pub. L. 95–4541978—Subsec. (a). substituted “5372” for “5362”.
Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 1100H of Pub. L. 111–203section 552a of Title 5Amendment by effective on the designated transfer date, see , set out as a note under , Government Organization and Employees.
Effective Date of 1979 Amendment
Pub. L. 96–153section 410 of Pub. L. 96–153section 1701 of this titleAmendment by effective on effective date of regulations implementing such amendment, but in no case later than six months following , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–454section 801(a)(4) of Pub. L. 95–454section 5361 of Title 5Amendment by effective on first day of first applicable pay period beginning on or after 90th day after , see , set out as a note under , Government Organization and Employees.
Effective Date
section 1423 of Pub. L. 90–448section 1701 of this titleSection effective upon the expiration of two hundred and seventy days after , see , set out as a note under .