Federal Register - January 12, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
officer or the Administrative Officer may order a later hearing date.
c
1 The hearing shall be held in Washington, DC or at another designated place, before a presiding officer designated by the Administrative Officer.
9 The presiding officer shall forward his or her recommendation to the Administrative Officer who shall promptly certify the entire record, including the recommendation to the Board of Directors or its designee. The Administrative Officers certification shall close the record.
f Decision by Board of Directors or its designee. Within 45 days following the Administrative Officers certification of the record to the Board of Directors or its designee, the Board of Directors or its designee shall notify the affected individual whether the denial of the notice will be continued, terminated, or otherwise modified. The notification shall state the basis for any decision of the Board of Directors or its designee that is adverse to the petitioner. The Board of Directors or its designee shall promptly rescind or modify the denial where the decision is favorable to the petitioner.
20. Revise 308.157 to read as follows:
308.157
Denial of applications.
If an application is denied under 12
CFR part 303, subpart L, then the applicant may request a hearing under this subpart. The applicant will have 60
days after the date of the denial to file a written request with the Administrative Officer. In the request, the applicant shall state the relief desired, the grounds supporting the request for relief, and provide any supporting evidence that the applicant believes is responsive to the grounds for the denial.
21. Amend 308.158 by revising paragraphs a, c1 and 9, and f to read as follows:
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308.158
Hearings.
a Hearing dates. The Administrative Officer shall order a hearing to be commenced within 60 days after receipt of a request for hearing on an application filed under 308.157. Upon the request of the applicant or FDIC
enforcement counsel, the presiding officer or the Administrative Officer may order a later hearing date.
c
1 The hearing shall be held in Washington, DC, or at another
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designated place, before a presiding officer designated by the Administrative Officer.
9 The presiding officer shall forward his or her recommendation to the Administrative Officer who shall promptly certify the entire record, including the recommendation to the Board of Directors or its designee. The Administrative Officer certification shall close the record.
f Decision by Board of Directors or its designee. Within 60 days following the Administrative Officers certification of the record to the Board of Directors or its designee, the Board of Directors or its designee shall notify the affected person whether the person shall remain barred under section 19. The notification shall state the basis for any decision of the Board of Directors or its designee that is adverse to the applicant.
22. Amend 308.163 by revising paragraphs c1 and d introductory text to read as follows:
308.163 Notice of suspension or prohibition, and orders of removal or prohibition.
c
1 Inform the institution-affiliated party that a written request for a hearing, stating the relief desired and grounds therefore, and any supporting evidence, may be filed with the Administrative Officer within 30 days after service of the written notice or order; and
d To obtain a hearing, the institution-affiliated party shall file with the Administrative Officer a written request for a hearing within 30 days after service of the notice of suspension or prohibition or the order of removal or prohibition, which shall:
23. Amend 308.164 by revising paragraphs a, b1 and 9, and e to read as follows:
308.164
Hearings.
a Hearing dates. The Administrative Officer shall order a hearing to be commenced within 30 days after receipt of a request for hearing filed pursuant to 308.163. Upon the request of the institution-affiliated party, the presiding officer or the Administrative Officer may order a later hearing date.
b
1 The hearing shall be held in Washington, DC, or at another designated place, before a presiding officer designated by the Administrative Officer.
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9 The presiding officer shall forward his or her recommendation to the Administrative Officer who shall promptly certify the entire record, including the recommendation to the Board of Directors. The Administrative Officers certification shall close the record.
e Decision by Board of Directors or its designee. Within 60 days following the Administrative Officers certification of the record to the Board of Directors or its designee, the Board of Directors or its designee shall notify the institutionaffiliated party whether the notice of suspension or prohibition or the order of removal or prohibition will be continued, terminated, or otherwise modified. The notification shall state the basis for any decision of the Board of Directors or its designee that is adverse to the institution-affiliated party. The Board of Directors or its designee shall promptly rescind or modify a notice of suspension or prohibition or an order of removal or prohibition where the decision is favorable to the institution-affiliated party.
24. Amend 308.170 by revising paragraphs a introductory text and d to read as follows:
308.170 Filing, content, and service of documents.
a Time to file. An application and any other pleading or document related to the application shall be filed with the Administrative Officer within 30 days after service of the final order of the Board of Directors in disposition of the proceeding whenever:
d Referral. Upon receipt of an application, the Administrative Officer shall refer the matter to the administrative law judge who heard the underlying adversary proceeding, provided that if the original administrative law judge is unavailable, or the Administrative Officer determines, in his or her sole discretion, that there is cause to refer the matter to a different administrative law judge, the matter shall be referred to a different administrative law judge.
25. Amend 308.171 by revising paragraph a1 to read as follows:
308.171
Responses to application.
a
1 Within 20 days after service of an application, counsel for the FDIC may file with the Administrative Officer and serve on all parties an answer to the application. Unless counsel for the FDIC
requests and is granted an extension of
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