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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations time for filing or files a statement of intent to negotiate under 308.179, failure to file an answer within the 20day period will be treated as a consent to the award requested.

26. Revise 308.179 to read as follows:
308.179

Settlement negotiations.

If counsel for the FDIC and the applicant believe that the issues in a fee application can be settled, they may jointly file with the Administrative Officer with a copy to the administrative law judge a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer under 308.171 for an additional 30 days, and further extensions may be granted by the administrative law judge upon the joint request of counsel for the FDIC and the applicant.
27. Revise 308.181 to read as follows:
308.181

Recommended decision.

The administrative law judge shall file with the Administrative Officer a recommended decision on the fee application not later than 90 days after the filing of the application or 30 days after the conclusion of the hearing, whichever is later. The recommended decision shall include written proposed findings and conclusions on the applicants eligibility and its status as a prevailing party and an explanation of the reasons for any difference between the amount requested and the amount of the recommended award. The recommended decision shall also include, if at issue, proposed findings on whether the FDICs position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an award unjust.
The administrative law judge shall file the record of the proceeding on the fee application and, at the same time, serve upon each party a copy of the recommended decision, findings, conclusions, and proposed order.
28. Revise 308.182 to read as follows:
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308.182

Board of Directors action.

a Exceptions to recommended decision. Within 20 days after service of the recommended decision, findings, conclusions, and proposed order, the applicant or counsel for the FDIC may
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file with the Administrative Officer written exceptions thereto. A supporting brief may also be filed.
b Decision of Board of Directors. The Board of Directors shall render its decision within 60 days after the matter is submitted to it by the Administrative Officer. The Administrative Officer shall furnish copies of the decision and order of the Board of Directors to the parties.
Judicial review of the decision and order may be obtained as provided in 5
U.S.C. 504c2.
29. Revise 308.183 to read as follows:
308.183

Payment of awards.

An applicant seeking payment of an award made by the Board of Directors shall submit to the Administrative Officer a statement that the applicant will not seek judicial review of the decision and order or that the time for seeking further review has passed and no further review has been sought. The FDIC will pay the amount awarded within 30 days after receiving the applicants statement, unless judicial review of the award or of the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceeding.
30. Amend 308.602 by revising paragraphs c3 through 6 to read as follows:
308.602 Removal, suspension, or debarment.

c
3 Petition to stay. Any accountant or accounting firm immediately suspended from performing audit services in accordance with paragraph c1 of this section may, within 10 calendar days after service of the notice of immediate suspension, file a petition with the Administrative Officer for a stay of such immediate suspension. If no petition is filed within 10 calendar days, the immediate suspension shall remain in effect.
4 Hearing on petition. Upon receipt of a stay petition, the Administrative Officer will designate a presiding officer who will fix a place and time not more than 10 calendar days after receipt of the petition, unless extended at the request of petitioner at which the immediately suspended party may appear, personally or through counsel, to submit written materials and oral argument. Any FDIC employee engaged in investigative or prosecuting functions
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for the FDIC in a case may not, in that or a factually related case, serve as a presiding officer or participate or advise in the decision of the presiding officer or of the FDIC, except as witness or counsel in the proceeding. In the sole discretion of the presiding officer, upon a specific showing of compelling need, oral testimony of witnesses also may be presented. Enforcement counsel may represent the agency at the hearing. In hearings held pursuant to this paragraph c4 there shall be no discovery, and the provisions of 308.6 through 308.12, 308.16, and 308.21 will apply.
5 Decision on petition. Within 30
calendar days after the hearing, the presiding officer will issue a decision.
The presiding officer will grant a stay upon a demonstration that a substantial likelihood exists of the respondents success on the issues raised by the notice of intention and that, absent such relief, the respondent will suffer immediate and irreparable injury, loss, or damage. In the absence of such a demonstration, the presiding officer will notify the parties that the immediate suspension will be continued pending the completion of the administrative proceedings pursuant to the notice of intention. The presiding officer will serve a copy of the decision on, and simultaneously certify the record to, the Administrative Officer.
6 Review of presiding officers decision. The parties may seek review of the presiding officers decision by filing a petition for review with the Administrative Officer within 10
calendar days after service of the decision. Replies must be filed within 10 calendar days after the petition filing date. Upon receipt of a petition for review and any reply, the Administrative Officer will promptly certify the entire record to the Board of Directors. Within 60 calendar days of the Administrative Officers certification, the Board of Directors will issue an order notifying the affected party whether or not the immediate suspension should be continued or reinstated. The order will state the basis of the Boards decision.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on December 15, 2020.
James P. Sheesley, Assistant Executive Secretary.
FR Doc. 202027944 Filed 11121; 8:45 am BILLING CODE 671401P

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