--- kind: "range" citation: "12 C.F.R. §§ 1091.113–1091.115" title: "12" from: "1091.113" to: "1091.115" count: 3 url: "https://uscodex.org/cfr/12/1091.113..1091.115" --- # §1091.113. Petition for termination of order. - (a) Any person subject to an order issued pursuant to [§ 1091.109(a)(1)](/cfr/12/1091.109.md?p=a-1) may, no sooner than two years after issuance of such an order and no more frequently than annually thereafter, petition the Director for termination of the order. - (b) A petition for termination submitted pursuant to [paragraph (a)](#a) of this section shall set forth the reasons supporting termination of the order, including any actions taken by a respondent since issuance of the order to address the conduct that led to issuance of the order, and may include any supporting information or evidence that the petitioner believes is relevant to the Director's determination of the matter. - (c) A petition for termination shall be filed by the petitioner with the Executive Secretary at the mailing or electronic address provided by the Bureau. - (d) The Director shall, promptly upon receipt of a petition for termination, send a copy of the same to the initiating official. - (1) The initiating official may, within 30 days of his or her receipt of a copy of a petition for termination, file with the Director a response to the petition stating whether the initiating official recommends that the order be terminated, or modified, or that the petition for termination be denied and the basis for such recommendation. - (2) The initiating official shall serve a copy of the response to a petition for termination on the petitioner pursuant to [§ 1091.107](/cfr/12/1091.107.md) at the time of filing it with the Director. - (e) Not later than 90 days after submission of a petition under [paragraph (a)](#a) of this section, the Director shall issue a written decision either terminating or modifying the order, or denying the petition. If the Director modifies the order or denies the petition, the Director shall explain the basis for his or her decision with respect to the petition and send the written decision to the petitioner and the initiating official. - (1) The Director shall serve the written decision on a petition for termination of order on a respondent pursuant to [§ 1091.107](/cfr/12/1091.107.md). - (2) The Director shall send a copy of the written decision on a petition for termination of order to the recommending official and initiating official promptly upon issuing the written decision. - (3) The decision of the Director made pursuant to this [paragraph (e)](#e) shall constitute final agency action under [5 U.S.C. 704](/usc/5/704.md). # §1091.114. Construction of time limits. - (a) **General rule.** In computing any period of time prescribed by this part, or by order of the recommending official or Director, the date of the act or event that commences the designated period of time is not included. The last day so computed is included unless it is a Saturday, Sunday, or Federal holiday as set forth in [5 U.S.C. 6103(a)](/usc/5/6103.md?p=a). When the last day is a Saturday, Sunday, or Federal holiday, the period runs until the end of the next day that is not a Saturday, Sunday, or Federal holiday. Intermediate Saturdays, Sundays, and Federal holidays are included in the computation of time, except when the time period within which an act is to be performed is ten days or less, not including any additional time allowed for in [paragraph (c)](#c) of this section. - (b) **Filing or service of papers.** Filing and service are deemed to be effective: - (1) In the case of personal service or same day commercial courier delivery, upon actual receipt by the person served; - (2) In the case of overnight commercial delivery service, U.S. Postal Service Express Mail delivery, or First Class, Registered, or Certified Mail, upon deposit in or delivery to an appropriate point of collection; or - (3) **In the case of electronic transmission, including email, upon transmission.** - (c) **Calculation of time for service and filing of responsive papers.** Whenever a time limit is measured by a prescribed period from the service of any notice or paper, the applicable time limits are calculated as follows: - (1) If service is made by U.S. Postal Service First Class, Registered, or Certified Mail, add three calendar days to the prescribed period; - (2) If service is made by Express Mail or overnight delivery service, add one calendar day to the prescribed period; or - (3) If service is made by electronic transmission, add one calendar day to the prescribed period. # §1091.115. Change of time limits and confidentiality of proceedings. - (a) Except as otherwise provided by law, the recommending official until the issuance of a recommended determination, or the Director at any time thereafter, at their respective discretion, may extend the time limits prescribed by this part or by any notice or order issued pursuant to this part. Any request for an extension of a time limit by a respondent must be for good cause shown, in writing, and filed with the recommending official or Director, as appropriate. The mere filing of a written request for an extension does not alleviate a respondent of the obligation to meet an applicable time limit absent written confirmation that an extension has been granted. - (b) Deadlines for action by the initiating official, recommending official, or the Director established in this part confer no substantive rights on respondents. - (c) In connection with a proceeding under this part, including a petition for termination under [§ 1091.113](/cfr/12/1091.113.md), all documents, records or other items submitted by a respondent to the Bureau, all documents prepared by, or on behalf of, or for the use of the Bureau, and any communications between the Bureau and a person, shall be deemed confidential supervisory information under [12 CFR 1070.2(i)](/cfr/12/1070.2.md?p=i).