Page:United States Statutes at Large Volume 103 Part 1.djvu/518

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103 STAT. 490 PUBLIC LAW 101-73 —AUG. 9, 1989 "(i) serve written notice to the insured depository institution of the Board's intention to terminate the insured status of the institution; "(ii) provide the insured depository institution with a statement of the charges on the beisis of which the determination to terminate such institution's insured status was made (or a copy of the notice under subpara- graph (A)); and "(iii) notify the insured depository institution of the date (not less than 30 days after notice under this

subparagraph) and place for a hearing before the Board of Directors (or any person designated by the Board) with respect to the termination of the institution's insured status. "(3) HEARING; TERMINATION. — If, on the basis of the evidence presented at a hearing before the Board of Directors (or any person designated by the Board for such purpose), in which all issues shall be determined on the record pursuant to section 554 of title 5, United States Code, and the written findings of the Board of Directors (or such person) with respect to such evi- dence (which shall be conclusive), the Board of Directors finds that any unsafe or unsound practice or condition or any viola- tion specified in the notice to an insured depository institution under subparagraph (B) has been established, the Board of Directors may issue an order terminating the insured status of such depository institution effective as of a date subsequent to such finding."; (2) by striking out "Unless the" and inserting in lieu thereof the following: " (4) APPEARANCE; CONSENT TO TERMINATION.— Unless the"; (3) by striking out "Any insured" and all that follows through "status" the 1st place such term appears and inserting in lieu thereof the following: "(5) JUDICIAL REVIEW.—Any insured depository institution whose insured status"; (4) by striking out "The Corporation may publish" and insert- ing in lieu thereof the following: " (6) PUBLICATION OF NOTICE OF TERMINATION.—The Corpora- tion may publish"; (5) by striking out "After the termination of the insured status" and inserting in lieu thereof the following: "(7) TEMPORARY INSURANCE OF DEPOSITS INSURED AS OF TERMI- NATION.—After the termination of the insured status"; (6) in paragraph (7) (as so designated by the amendment made by paragraph (5) of this section)— (A) by striking out "of two years" the 1st place such term appears and inserting in lieu thereof "of at least 6 months or up to 2 years, within the discretion of the Board of Directors"; (B) by striking out "of two years" the 2nd place such term appears and inserting in lieu thereof "the period referred to in the 1st sentence"; and (C) by striking out "of two years" the 3rd place such term appears; (7) by adding at the end the following new paragraphs: "(8) TEMPORARY SUSPENSION OF INSURANCE. —