12 C.F.R. §§ 308.101–308.102

§308.101. Scope of Local Rules.

12 C.F.R. § 308.101

(a)

This subpart B and subpart C of this part prescribe rules of practice and procedure to be followed in the administrative enforcement proceedings initiated by the FDIC as set forth in § 308.1.

(b)

Except as otherwise specifically provided, the Uniform Rules and subpart B of the Local Rules will not apply to subparts D through T of this part.

(c)

Subpart C of this part will apply to any administrative proceeding initiated by the FDIC.

(d)

Subparts A through C of this part prescribe the rules of practice and procedure to applicable to adjudicatory proceedings as to which hearings on the record are provided for by the assessment of civil money penalties by the FDIC against institutions, institution-affiliated parties, and certain other persons for which it is the appropriate regulatory agency for any violation of 15 U.S.C. 78o(c)(4).

Notes, amendments, and revision history

Source

Source: 88 FR 89935, Dec. 28, 2023, unless otherwise noted.

Authority

Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1464, 1467(d), 1467a, 1468, 1815(e), 1817, 1818, 1819, 1820, 1828, 1829, 1829(b), 1831i, 1831m(g)(4), 1831 o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), 5414(b)(3); 15 U.S.C. 78(h) and (i), 78 o (c)(4), 78 o -4(c), 78 o -5, 78q-1, 78s, 78u, 78u-2, 78u-3, 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Pub. L. 104-134, sec. 31001(s), 110 Stat. 1321; Pub. L. 109-351, 120 Stat. 1966; Pub. L. 111-203, 124 Stat. 1376; Pub. L. 114-74, sec. 701, 129 Stat. 584.

Source

Source: 56 FR 37975, Aug. 9, 1991, unless otherwise noted.

§308.102. Authority of Board of Directors and Administrative Officer.

12 C.F.R. § 308.102

(a)

The Board of Directors.

(1)

The Board of Directors may, at any time during the pendency of a proceeding, perform, direct the performance of, or waive performance of, any act which could be done or ordered by the Administrative Officer.

(2)

Nothing contained in this part shall be construed to limit the power of the Board of Directors granted by applicable statutes or regulations.

(b)

The Administrative Officer.

(1)

When no ALJ has jurisdiction over a proceeding, the Administrative Officer may act in place of, and with the same authority as, an ALJ, except that the Administrative Officer may not hear a case on the merits or make a recommended decision on the merits to the Board of Directors.

(2)

Pursuant to authority delegated by the Board of Directors, the Administrative Officer and Assistant Administrative Officer, upon the advice and recommendation of the Deputy General Counsel for Litigation or, in the Deputy General Counsel's absence, the Assistant General Counsel for General Litigation, may issue rulings in proceedings under 12 U.S.C. 1817(j), 1818 1828(j), 1829, 1831i, and 1831o concerning:

(i)

Denials of requests for private hearing;

(ii)

Interlocutory appeals;

(iii)

Stays pending judicial review;

(iv)

Reopenings of the record and/or remands of the record to the ALJ;

(v)

Supplementation of the evidence in the record;

(vi)

All remands from the courts of appeals not involving substantive issues;

(vii)

Extensions of stays of orders terminating deposit insurance; and

(viii)

All matters, including final decisions, in proceedings under 12 U.S.C. 1818(g).

Notes, amendments, and revision history

Source

Source: 88 FR 89935, Dec. 28, 2023, unless otherwise noted.

Authority

Source

Source: 56 FR 37975, Aug. 9, 1991, unless otherwise noted.

12 C.F.R. §§ 308.101–308.102

§308.101. Scope of Local Rules.

Source

Authority

Source

§308.102. Authority of Board of Directors and Administrative Officer.

Source

Authority

Source

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