Title 12, Part 263 — Rules of Practice for Hearings

Scope.

Rules of construction.

Definitions.

Authority of the Board.

Authority of the administrative law judge (“ALJ”).

Appearance and practice in adjudicatory proceedings.

Good faith certification.

Conflicts of interest.

Ex parte communications.

Filing of papers.

Service of papers.

Construction of time limits.

Change of time limits.

Witness fees and expenses.

Opportunity for informal settlement.

The Board's right to conduct examination.

Collateral attacks on adjudicatory proceeding.

Commencement of proceeding and contents of notice.

Answer.

Amended pleadings.

Failure to appear.

Consolidation and severance of actions.

Motions.

Scope of document discovery.

Request for document discovery from parties.

Document subpoenas to nonparties.

Deposition of witness unavailable for hearing.

Interlocutory review.

Summary disposition.

Partial summary disposition.

Scheduling and prehearing conferences.

Prehearing submissions.

Public hearings.

Hearing subpoenas.

Conduct of hearings.

Evidence.

Post-hearing filings.

Recommended decision and filing of record.

Exceptions to recommended decision.

Review by the Board.

Stays pending judicial review.

Purpose and scope.

Definitions.

Address for filing.

Discovery depositions.

Delegation to the Office of Financial Institution Adjudication.

Board as Presiding Officer.

Initial licensing proceedings.

Sanctions relating to conduct in an adjudicatory proceeding.

Scope.

Opportunity for informal proceeding.

Relevant considerations for assessment of civil penalty.

Assessment order.

Payment of civil penalty.

Civil money penalty inflation adjustments.

Purpose and scope.

Notice or order of suspension, removal, or prohibition.

Request for informal hearing.

Order for informal hearing.

Decision of the Board.

Purpose and scope.

Definitions.

Establishment of minimum capital levels.

Issuance of capital directives.

Enforcement of directive.

Establishment of increased capital level for specific institutions.

Scope.

Censure, suspension or debarment.

Definitions.

Eligibility to practice.

Conduct warranting sanctions.

Initiation of disciplinary proceeding.

Conferences.

Proceedings under this subpart.

Effect of suspension, debarment or censure.

Petition for reinstatement.

Authority and scope.

Standards for awards.

Prevailing party.

Eligibility of applicants.

Application for awards.

Statement of net worth.

Measure of awards.

Statement of fees and expenses.

Responses to application.

Further proceedings.

Recommended decision.

Action by the Board.

Scope.

Directives to take prompt regulatory action.

Procedures for reclassifying a state member bank based on criteria other than capital.

Order to dismiss a director or senior executive officer.

Enforcement of directives.

Scope.

Purpose.

Determination and notification of failure to meet safety and soundness standard and request for compliance plan.

Filing of safety and soundness compliance plan.

Issuance of orders to correct deficiencies and to take or refrain from taking other actions.

Enforcement of orders.

Scope.

Definitions.

Removal, suspension, or debarment.

Automatic removal, suspension, and debarment.

Notice of removal, suspension, or debarment.

Petition for reinstatement.

Scope.

Definitions.

Conduct of a formal investigative proceeding.

Powers of the designated representative.

Confidentiality of proceedings.

Transcripts.

Rights of witnesses.

Subpoenas.