Comment Deadline Set for Proposed Amendments on Administrative Hearings
Comments must be submitted by June 13, 2022 on proposed amendments to rules and procedures used for federal banking agency administrative hearings and adjudications. The proposed amendments affect rules of practice before the Comptroller of the Currency, the Federal Reserve Board, the FDIC and the National Credit Union and were published in the Federal Register.
As previously covered, the proposed amendments would (i) allow for use of electronic communications, (ii) update both the Uniform Rules of Practice and Procedure as well as the agency-specific local rules of administrative practice and procedure, so that one set of rules applies to both national banks and Federal savings associations, and (iii) amend rules on organization and functions to address service of process.
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Banking agencies proposed rule amendments to update policies and procedures to allow increased use of electronic communications in administrative proceedings for supervised financial institutions.
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- 61 FR 20330 - Uniform Rules of Practice and Procedure
- 87 FR 22034 - Rules of Practice and Procedure
- Comptroller, FDIC, Fed. Res. Board / Banks, NCUA Comment Deadline: Rules of Practice and Procedure (2022-06-13)
- OCC Rule 3.405: Relation to other actions.
- OCC Rule 4.8: Service of process upon the OCC or the Comptroller.
- OCC Rule 6.3: Notice of capital category.
- OCC Rule 6.4: Capital measures and capital categories.
- OCC Rule 6.5: Capital restoration plan.
- OCC Rule 6.6: Mandatory and discretionary supervisory actions.
- OCC Rule 19.1: Scope.
- OCC Rule 19.2: Rules of construction.
- OCC Rule 19.3: Definitions.
- OCC Rule 19.4: Authority of the Comptroller.
- OCC Rule 19.5: Authority of the administrative law judge (ALJ).
- OCC Rule 19.6: Appearance and practice in adjudicatory proceedings.
- OCC Rule 19.7: Good faith certification.
- OCC Rule 19.8: Conflicts of interest.
- OCC Rule 19.9: Ex parte communications.
- OCC Rule 19.10: Filing of papers.
- OCC Rule 19.11: Service of papers.
- OCC Rule 19.12: Construction of time limits.
- OCC Rule 19.13: Change of time limits.
- OCC Rule 19.14: Witness fees and expenses.
- OCC Rule 19.15: Opportunity for informal settlement.
- OCC Rule 19.16: OCC's right to conduct examination.
- OCC Rule 19.17: Collateral attacks on adjudicatory proceeding.
- OCC Rule 19.18: Commencement of proceeding and contents of notice.
- OCC Rule 19.19: Answer.
- OCC Rule 19.20: Amended pleadings.
- OCC Rule 19.21: Failure to appear.
- OCC Rule 19.22: Consolidation and severance of actions.
- OCC Rule 19.23: Motions.
- OCC Rule 19.24: Scope of document discovery.
- OCC Rule 19.25: Request for document discovery from parties.
- OCC Rule 19.26: Document subpoenas to nonparties.
- OCC Rule 19.27: Deposition of witness unavailable for hearing.
- OCC Rule 19.29: Summary disposition.
- OCC Rule 19.30: Partial summary disposition.
- OCC Rule 19.31: Scheduling and prehearing conferences.
- OCC Rule 19.32: Prehearing submissions.
- OCC Rule 19.33: Public hearings.
- OCC Rule 19.34: Hearing subpoenas.
- OCC Rule 19.35: Conduct of hearings.
- OCC Rule 19.36: Evidence.
- OCC Rule 19.37: Post-hearing filings.
- OCC Rule 19.38: Recommended decision and filing of record.
- OCC Rule 19.39: Exceptions to recommended decision.
- OCC Rule 19.40: Review by the Comptroller.
- OCC Rule 19.41: Stays pending judicial review.
- OCC Rule 19.100: Filing documents.
- OCC Rule 19.101: Delegation to OFIA.
- OCC Rule 19.102: Civil money penalties.
- OCC Rule 19.110: Scope and definitions.
- OCC Rule 19.111: Suspension, removal, or prohibition of institution-affiliated party.
- OCC Rule 19.112: Informal hearing.
- OCC Rule 19.113: Recommended and final decisions.
- OCC Rules--Part 19--Subpart D: Actions Under the Federal Securities Laws (19.120-123)
- OCC Rule 19.120: Exemption hearings under Section 12(h) of the Securities Exchange Act of 1934.
- OCC Rule 19.121: Disciplinary proceedings.
- OCC Rule 19.122: Civil money penalty authority under Federal securities laws.
- OCC Rule 19.123: Cease-and-desist authority.
- OCC Rule 19.124: Decision of the Comptroller.
- OCC Rules--Part 19--Subpart E: Disciplinary Proceedings Involving the Federal Securities Laws (19.130-135)
- OCC Rule 19.130: Scope.
- OCC Rule 19.131: Notice of charges and answer.
- OCC Rule 19.132: Disciplinary orders.
- OCC Rule 19.135: Applications for stay or review of disciplinary actions imposed by registered clearing agencies.
- OCC Rules--Part 19--Subpart F: Civil Money Penalty Authority Under the Securities Laws (19.140)
- OCC Rule 19.140: Scope.
- OCC Rules--Part 19--Subpart G: Cease-and-Desist Authority Under the Securities Laws (19.150)
- OCC Rule 19.150: Scope.
- OCC Rule 19.160: Scope.
- OCC Rule 19.161: Hearing process.
- OCC Rule 19.170: Discovery depositions.
- OCC Rule 19.171: Deposition subpoenas.
- OCC Rule 19.180: Scope.
- OCC Rule 19.181: Confidentiality of formal investigations.
- OCC Rule 19.182: Order to conduct a formal investigation.
- OCC Rule 19.183: Rights of witnesses.
- OCC Rule 19.184: Service of subpoena and payment of witness expenses.
- OCC Rule 19.185: Dilatory, obstructionist, or insubordinate conduct.
- OCC Rule 19.190: Scope.
- OCC Rule 19.191: Definitions.
- OCC Rule 19.192: Sanctions relating to conduct in an adjudicatory proceeding.
- OCC Rule 19.193: Censure, suspension or debarment.
- OCC Rule 19.194: Eligibility of attorneys and accountants to practice.
- OCC Rule 19.195: Incompetence.
- OCC Rule 19.196: Disreputable conduct.
- OCC Rule 19.197: Initiation of disciplinary proceeding.
- OCC Rule 19.198: Conferences.
- OCC Rule 19.199: Proceedings under this subpart.
- OCC Rule 19.200: Effect of suspension, debarment or censure.
- OCC Rule 19.201: Petition for reinstatement.
- OCC Rule 19.205: Authority and scope; waiver.
- OCC Rule 19.206: Definitions.
- OCC Rule 19.207: Application requirements.
- OCC Rule 19.208: Net worth exhibit.
- OCC Rule 19.209: Documentation of fees and expenses.
- OCC Rule 19.210: Filing and service of documents.
- OCC Rule 19.211: Answer to application.
- OCC Rule 19.212: Reply.
- OCC Rule 19.213: Settlement.
- OCC Rule 19.214: Further proceedings.
- OCC Rule 19.215: Decision.
- OCC Rule 19.216: Agency review.
- OCC Rule 19.217: Judicial review.
- OCC Rule 19.218: Stay of decision concerning award.
- OCC Rule 19.219: Payment of award.
- OCC Rule 19.220: Scope.
- OCC Rule 19.221: Reclassification of an insured depository institution based on unsafe or unsound condition or practice.
- OCC Rule 19.222: Request for rescission of reclassification.
- OCC Rules--Part 19--Subpart N: Order To Dismiss a Director or Senior Executive Officer Under Prompt Corrective Action (19.230-231)
- OCC Rule 19.230: Scope.
- OCC Rule 19.231: Order to dismiss a director or senior executive officer.
- OCC Rules--Part 19--Subpart O: Civil Money Penalty Inflation Adjustments (19.240)
- OCC Rule 19.240: Inflation adjustments.
- OCC Rules--Part 19--Subpart Q: Forfeiture of Franchise for Money Laundering or Cash Transaction Reporting Offenses (19.250-4)
- OCC Rule 19.250: Scope.
- OCC Rule 19.251: Notice and hearing.
- OCC Rule 19.252: Presiding officer.
- OCC Rule 19.253: Grounds for termination.
- OCC Rule 19.254: Judicial review.
- OCC Rules--Part 19--Subpart R: Effective Date
- OCC Rule 19.260: Effective date. (PROPOSED)
- OCC Rules--Part 108: Removals, Suspensions, and Prohibitions Where a Crime Is Charged or Proven (108.1-14)
- OCC Rule 108.1: Scope.
- OCC Rule 108.2: Definitions.
- OCC Rule 108.3: Issuance of Notice or Order.
- OCC Rule 108.4: Contents and service of the Notice or Order.
- OCC Rule 108.5: Petition for hearing.
- OCC Rule 108.6: Initiation of hearing.
- OCC Rule 108.7: Conduct of hearings.
- OCC Rule 108.8: Default.
- OCC Rule 108.9: Rules of evidence.
- OCC Rule 108.10: Burden of persuasion.
- OCC Rule 108.11: Relevant considerations.
- OCC Rule 108.12: Proposed findings and conclusions and recommended decision.
- OCC Rule 108.13: Decision of the OCC.
- OCC Rule 108.14: Miscellaneous.
- OCC Rules--Part 109: Rules of Practice and Procedure in Adjudicatory Proceedings (109.1-104)
- OCC Rules--Part 109--Subpart A: Uniform Rules of Practice and Procedure (109.1-41)
- OCC Rule 109.1: Scope.
- OCC Rule 109.2: Rules of construction.
- OCC Rule 109.3: Definitions.
- OCC Rule 109.4: Authority of the Comptroller.
- OCC Rule 109.5: Authority of the administrative law judge.
- OCC Rule 109.6: Appearance and practice in adjudicatory proceedings.
- OCC Rule 109.7: Good faith certification.
- OCC Rule 109.8: Conflicts of interest.
- OCC Rule 109.9: Ex parte communications.
- OCC Rule 109.10: Filing of papers.
- OCC Rule 109.11: Service of papers.
- OCC Rule 109.12: Construction of time limits.
- OCC Rule 109.13: Change of time limits.
- OCC Rule 109.14: Witness fees and expenses.
- OCC Rule 109.15: Opportunity for informal settlement.
- OCC Rule 109.16: OCC's right to conduct examination.
- OCC Rule 109.17: Collateral attacks on adjudicatory proceeding.
- OCC Rule 109.18: Commencement of proceeding and contents of notice.
- OCC Rule 109.19: Answer.
- OCC Rule 109.20: Amended pleadings.
- OCC Rule 109.21: Failure to appear.
- OCC Rule 109.22: Consolidation and severance of actions.
- OCC Rule 109.23: Motions.
- OCC Rule 109.24: Scope of document discovery.
- OCC Rule 109.25: Request for document discovery from parties.
- OCC Rule 109.26: Document subpoenas to nonparties.
- OCC Rule 109.27: Deposition of witness unavailable for hearing.
- OCC Rule 109.28: Interlocutory review.
- OCC Rule 109.29: Summary disposition.
- OCC Rule 109.30: Partial summary disposition.
- OCC Rule 109.31: Scheduling and prehearing conferences.
- OCC Rule 109.32: Prehearing submissions.
- OCC Rule 109.33: Public hearings.
- OCC Rule 109.34: Hearing subpoenas.
- OCC Rule 109.35: Conduct of hearings.
- OCC Rule 109.36: Evidence.
- OCC Rule 109.37: Post-hearing filings.
- OCC Rule 109.38: Recommended decision and filing of record.
- OCC Rule 109.39: Exceptions to recommended decision.
- OCC Rule 109.40: Review by the Comptroller.
- OCC Rule 109.41: Stays pending judicial review.
- OCC Rules--Part 109--Subpart B: Local Rules (109.100-104)
- OCC Rule 109.100: Scope.
- OCC Rule 109.101: Appointment of Office of Financial Institution Adjudication.
- OCC Rule 109.102: Discovery.
- OCC Rule 109.103: Civil money penalties.
- OCC Rule 109.104: Additional procedures.
- OCC Rules--Part 112: Rules for Investigative Proceedings and Formal Examination Proceedings (112.1-7)
- OCC Rule 112.1: Scope of part.
- OCC Rule 112.2: Definitions.
- OCC Rule 112.3: Confidentiality of proceedings.
- OCC Rule 112.4: Transcripts.
- OCC Rule 112.5: Rights of witnesses.
- OCC Rule 112.6: Obstruction of the proceedings.
- OCC Rule 112.7: Subpoenas.
- OCC Rule 165.8: Procedures for reclassifying a Federal savings association based on criteria other than capital.
- OCC Rule 165.9: Order to dismiss a director or senior executive officer.
- OCC Rule 165.10: Reserved
- FRS Rule 238.111: [Removed and Reserved]
- FRS Rule 238.112: [Removed and Reserved]
- FRS Rule 238.113: [Removed and Reserved]
- FRS Rule 238.114: [Removed and Reserved]
- FRS Rule 238.115: [Removed and Reserved]
- FRS Rule 238.116: [Removed and Reserved]
- FRS Rule 238.117: [Removed and Reserved]
- FRS Rules--Part 263: Rules of Practice for Hearings (263.1-457)
- FRS Rule 263.1: Scope.
- FRS Rule 263.2: Rules of construction.
- FRS Rule 263.3: Definitions.
- FRS Rule 263.4: Authority of the Board.
- FRS Rule 263.5: Authority of the administrative law judge ("ALJ").
- FRS Rule 263.6: Appearance and practice in adjudicatory proceedings.
- FRS Rule 263.7: Good faith certification.
- FRS Rule 263.8: Conflicts of interest.
- FRS Rule 263.9: Ex parte communications.
- FRS Rule 263.10: Filing of papers.
- FRS Rule 263.11: Service of papers.
- FRS Rule 263.12: Construction of time limits.
- FRS Rule 263.13: Change of time limits.
- FRS Rule 263.14: Witness fees and expenses.
- FRS Rule 263.15: Opportunity for informal settlement.
- FRS Rule 263.16: The Board's right to conduct examination.
- FRS Rule 263.17: Collateral attacks on adjudicatory proceeding.
- FRS Rule 263.18: Commencement of proceeding and contents of notice.
- FRS Rule 263.19: Answer.
- FRS Rule 263.20: Amended pleadings.
- FRS Rule 263.21: Failure to appear.
- FRS Rule 263.22: Consolidation and severance of actions.
- FRS Rule 263.23: Motions.
- FRS Rule 263.24: Scope of document discovery.
- FRS Rule 263.25: Request for document discovery from parties.
- FRS Rule 263.26: Document subpoenas to nonparties.
- FRS Rule 263.27: Deposition of witness unavailable for hearing.
- FRS Rule 263.28: Interlocutory review.
- FRS Rule 263.29: Summary disposition.
- FRS Rule 263.30: Partial summary disposition.
- FRS Rule 263.31: Scheduling and prehearing conferences.
- FRS Rule 263.32: Prehearing submissions.
- FRS Rule 263.33: Public hearings.
- FRS Rule 263.34: Hearing subpoenas.
- FRS Rule 263.35: Conduct of hearings.
- FRS Rule 263.36: Evidence.
- FRS Rule 263.37: Post-hearing filings.
- FRS Rule 263.38: Recommended decision and filing of record.
- FRS Rule 263.39: Exceptions to recommended decision.
- FRS Rule 263.40: Review by the Board.
- FRS Rule 263.41: Stays pending judicial review.
- FRS Rule 263.50: Purpose and scope.
- FRS Rule 263.51: Definitions.
- FRS Rule 263.52: Address for filing.
- FRS Rule 263.53: Discovery depositions.
- FRS Rule 263.54: Delegation to the Office of Financial Institution Adjudication.
- FRS Rule 263.55: Board as Presiding Officer.
- FRS Rule 263.56: Initial licensing proceedings.
- FRS Rule 263.57: Sanctions relating to conduct in an adjudicatory proceeding.
- FRS Rules--Part 263--Subpart K: Formal Investigative Proceedings (263.450-457)
- FRS Rule 263.450: Scope.
- FRS Rule 263.451: Definitions.
- FRS Rule 263.452: Conduct of a formal investigative proceeding.
- FRS Rule 263.453: Powers of the designated representative.
- FRS Rule 263.454: Confidentiality of proceedings.
- FRS Rule 263.455: Transcripts.
- FRS Rule 263.456: Rights of witnesses.
- FRS Rule 263.457: Subpoenas.
- FDIC Rule 308.2: Rules of construction.
- FDIC Rule 308.3: Definitions.
- FDIC Rule 308.4: Authority of Board of Directors.
- FDIC Rule 308.5: Authority of the administrative law judge (ALJ).
- FDIC Rule 308.6: Appearance and practice in adjudicatory proceedings.
- FDIC Rule 308.7: Good faith certification.
- FDIC Rule 308.8: Conflicts of interest.
- FDIC Rule 308.9: Ex parte communications.
- FDIC Rule 308.10: Filing of papers.
- FDIC Rule 308.11: Service of papers.
- FDIC Rule 308.12: Construction of time limits.
- FDIC Rule 308.13: Change of time limits.
- FDIC Rule 308.14: Witness fees and expenses.
- FDIC Rule 308.15: Opportunity for informal settlement.
- FDIC Rule 308.16: FDIC's right to conduct examination.
- FDIC Rule 308.17: Collateral attacks on adjudicatory proceeding.
- FDIC Rule 308.18: Commencement of proceeding and contents of notice.
- FDIC Rule 308.19: Answer.
- FDIC Rule 308.20: Amended pleadings.
- FDIC Rule 308.21: Failure to appear.
- FDIC Rule 308.22: Consolidation and severance of actions.
- FDIC Rule 308.23: Motions.
- FDIC Rule 308.24: Scope of document discovery.
- FDIC Rule 308.25: Request for document discovery from parties.
- FDIC Rule 308.26: Document subpoenas to nonparties.
- FDIC Rule 308.27: Deposition of witness unavailable for hearing.
- FDIC Rule 308.28: Interlocutory review.
- FDIC Rule 308.29: Summary disposition.
- FDIC Rule 308.30: Partial summary disposition.
- FDIC Rule 308.31: Scheduling and prehearing conferences.
- FDIC Rule 308.32: Prehearing submissions.
- FDIC Rule 308.33: Public hearings.
- FDIC Rule 308.34: Hearing subpoenas.
- FDIC Rule 308.35: Conduct of hearings.
- FDIC Rule 308.36: Evidence.
- FDIC Rule 308.37: Post-hearing filings.
- FDIC Rule 308.38: Recommended decision and filing of record.
- FDIC Rule 308.39: Exceptions to recommended decision.
- FDIC Rule 308.40: Review by the Board of Directors.
- FDIC Rule 308.41: Stays pending judicial review.
- FDIC Rule 308.101: Scope of Local Rules.
- FDIC Rule 308.102: Authority of Board of Directors and Administrative Officer.
- FDIC Rule 308.103: Assignment of Administrative Law Judge (ALJ).
- FDIC Rule 308.104: Filings with the Board of Directors.
- FDIC Rule 308.105: Custodian of the record.
- FDIC Rule 308.106: Written testimony in lieu of oral hearing.
- FDIC Rule 308.107: Supplemental discovery rules.
- NCUA Rule 747.1: Scope.
- NCUA Rule 747.2: Rules of construction.
- NCUA Rule 747.3: Definitions.
- NCUA Rule 747.4: Authority of the NCUA Board.
- NCUA Rule 747.5: Authority of the administrative law judge (ALJ).
- NCUA Rule 747.6: Appearance and practice in adjudicatory proceedings.
- NCUA Rule 747.7: Good faith certification.
- NCUA Rule 747.8: Conflicts of interest.
- NCUA Rule 747.9: Ex parte communications.
- NCUA Rule 747.10: Filing of papers.
- NCUA Rule 747.11: Service of papers.
- NCUA Rule 747.12: Construction of time limits.
- NCUA Rule 747.13: Change of time limits.
- NCUA Rule 747.14: Witness fees and expenses.
- NCUA Rule 747.15: Opportunity for informal settlement.
- NCUA Rule 747.16: NCUA's right to conduct examination.
- NCUA Rule 747.17: Collateral attacks on adjudicatory proceeding.
- NCUA Rule 747.18: Commencement of proceeding and contents of notice.
- NCUA Rule 747.19: Answer.
- NCUA Rule 747.20: Amended pleadings.
- NCUA Rule 747.21: Failure to appear.
- NCUA Rule 747.22: Consolidation and severance of actions.
- NCUA Rule 747.28: Interlocutory review.
- NCUA Rule 747.29: Summary disposition.
- NCUA Rule 747.30: Partial summary disposition.
- NCUA Rule 747.31: Scheduling and prehearing conferences.
- NCUA Rule 747.32: Prehearing submissions.
- NCUA Rule 747.33: Public hearings.
- NCUA Rule 747.34: Hearing subpoenas.
- NCUA Rule 747.35: Conduct of hearings.
- NCUA Rule 747.36: Evidence.
- NCUA Rule 747.37: Post-hearing filings.
- NCUA Rule 747.38: Recommended decision and filing of record.
- NCUA Rule 747.39: Exceptions to recommended decision.
- NCUA Rule 747.40: Review by the NCUA Board.
- NCUA Rule 747.41: Stays pending judicial review.
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