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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations the matter with the Office of Financial Institution Adjudication OFIA
which shall secure the appointment of an administrative law judge to hear the proceeding.

11. Revise 308.104 to read as follows:
308.104 Filings with the Board of Directors.

a General rule. All materials required to be filed with or referred to the Board of Directors in any proceedings under this part shall be filed with the Administrative Officer, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC
20429.
b Scope. Filings to be made with the Administrative Officer include pleadings and motions filed during the proceeding; the record filed by the administrative law judge after the issuance of a recommended decision;
the recommended decision filed by the administrative law judge following a motion for summary disposition;
referrals by the administrative law judge of motions for interlocutory review;
motions and responses to motions filed by the parties after the record has been certified to the Board of Directors;
exceptions and requests for oral argument; and any other papers required to be filed with the Board of Directors under this part.
12. Revise 308.105 to read as follows:
308.105

Custodian of the record.

The Administrative Officer is the official custodian of the record when no administrative law judge has jurisdiction over the proceeding. As the official custodian, the Administrative Officer shall maintain the official record of all papers filed in each proceeding.
13. Amend 308.109 by revising paragraphs b2 and 3 to read as follows:
308.109

Suspension and disbarment.

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b
2 Any person appearing or practicing before the FDIC who is the subject of an order, judgment, decree, or finding of the types set forth in paragraph b1 of this section shall promptly file with the Administrative Officer a copy thereof, together with any related opinion or statement of the agency or tribunal involved. Any person who fails to so file a copy of the order, judgment, decree, or finding within 30
days after the entry of the order, judgment, decree, or finding or the date such person initiates practice before the
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FDIC, for that reason alone may be disqualified from practicing before the FDIC until such time as the appropriate filing shall be made. Failure to file any such paper shall not impair the operation of any other provision of this section.
3 A suspension or disbarment under paragraph b1 of this section from practice before the FDIC shall continue until the applicant has been reinstated by the Board of Directors for good cause shown, provided that any person suspended or disbarred under paragraph b1 of this section shall be automatically reinstated by the Administrative Officer, upon appropriate application, if all the grounds for suspension or disbarment under paragraph b1 of this section are subsequently removed by a reversal of the conviction or the passage of time since the conviction or termination of the underlying suspension or disbarment. An application for reinstatement on any other grounds by any person suspended or disbarred under paragraph b1 of this section may be filed no sooner than one year after the suspension or disbarment, and thereafter, a new request for reinstatement may be made no sooner than one year after the counsels most recent reinstatement application. The application must comply with the requirements of 303.3 of this chapter.
An applicant for reinstatement under this provision may, in the Board of Directors sole discretion, be afforded a hearing.

14. Amend 308.112 by revising paragraph a2ii to read as follows:
308.112

Notice of disapproval.

a
2
ii Indicate that a hearing may be requested by filing a written request with the Administrative Officer within ten days after service of the notice of disapproval; and if a hearing is requested, that an answer to the notice of disapproval, as required by 308.113, must be filed within 20 days after service of the notice of disapproval.

15. Revise 308.139 to read as follows:
308.139

sought and the reason therefor, and shall include a statement indicating why the exemption would be consistent with the public interest or the protection of investors.
16. Amend 308.140 by revising paragraph a to read as follows:

308.140

Newspaper notice.

a General rule. If the Board of Directors or its designee, in its sole discretion, decides to further consider an application for exemption, there shall be served upon the applicant instructions to publish one notification in a newspaper of general circulation in the community where the main office of the issuer is located. The applicant shall furnish proof of such publication to the Administrative Officer or such other person as may be directed in the instructions.

17. Revise 308.141 to read as follows:

308.141

Notice of hearing.

Within ten days after expiration of the period for receipt of comments pursuant to 308.140, the Administrative Officer shall serve upon the applicant and any person who has requested an opportunity to be heard written notification indicating the place and time of the hearing. The hearing shall be held not later than 30 days after service of the notification of hearing. The notification shall contain the name and address of the presiding officer designated by the Administrative Officer and a statement of the matters to be considered.
18. Amend 308.154 by revising paragraph c1 to read as follows:

308.154

Decision on review.

c
1 Inform the petitioner that a written request for a hearing, stating the relief desired and the grounds therefore, may be filed with the Administrative Officer within 15 days after the receipt of the denial; and

19. Amend 308.155 by revising paragraphs a, c1 and 9, and f to read as follows:

Application for exemption.

Any interested person may file a written application for an exemption under this subpart with the Administrative Officer, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. The application shall specify the exemption
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308.155

Hearing.

a Hearing dates. The Administrative Officer shall order a hearing to be commenced within 30 days after receipt of a request for a hearing filed pursuant to 308.154. Upon request of the petitioner or the FDIC, the presiding
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