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denied shall be deemed to be admitted. When a party intends in good faith to deny only a part or a qualification of an allegation, he shall specify so much of it as is true and shall deny only the remainder.

(c) Admitted allegations. If a party filing an answer under this section elects not to contest the allegations of fact set forth in the notice of hearing, his answer shall consist of a statement that he admits all of the allegations to be true. Such an answer shall constitute a waiver of hearing as to the facts alleged in the notice, and together with the notice will provide a record basis on which the hearing examiner shall file with the Administrative Assistant his recommended decision and his findings of fact and conclusions of law. Any such party may, however, reserve the right to file with the Administrative Assistant exceptions to such recommended decision, findings, and conclusions as provided in § 19.16.

(d) Effect of failure to answer. Failure of a party to file an answer required by this section within the time provided shall be deemed to constitute a waiver of his right to appear and contest the allegations of the notice of hearing and to authorize the hearing examiner, without further notice to the party, to find the facts to be as alleged in the notice and to file with the Administrative Assistant a recommended decision containing such findings and appropriate conclusions. The Comptroller or the hearing examiner may, for cause shown, permit the filing of a delayed answer after the time for filing the answer has expired.

(e) Opportunity for informal settlement. Any interested party may at any time submit to the Administrative Assistant, for consideration by the Comptroller, written offers or proposals for settlement of a proceeding, without prejudice to the rights of the parties. No such offer or proposal, or counteroffer or proposal, shall be admissible in evidence over the objection of any party in any hearing in connection with such proceeding. The foregoing provisions of this section shall not preclude settlement of any proceeding through the regular adjudicatory process by the filing of an answer as provided in this section, or by submission of the case to the trial examiner on a stipulation of facts and an agreed order.

§ 19.11

Conduct of hearings. (a) Authority of hearing examiner. All hearings governed by this part shall be conducted in accordance with the provisions of chapter 5 of title 5 of the United States Code. The hearing examiner designated by the Comptroller to preside at any such hearing shall have complete charge of the hearing, and he shall have the duty to conduct it in a fair and impartial manner and to take all necessary action to avoid delay in the disposition of proceedings. Such examiner shall have all powers necessary to that end, including the following:

(1) To administer oaths and affirmations:

(2) To issue subpenas and subpenas duces tecum, as authorized by law, and to revoke, quash, or modify any such subpena:

(3) To receive relevant evidence and to rule upon the admission of evidence and offers of proof:

(4) To take or cause depositions to be taken:

(5) To regulate the course of the hearing and the conduct of the parties and their counsel:

(6) To hold conferences for the settlement or simplification of issues or for any other proper purpose; and

(7) To consider and rule upon, as justice may require, all procedural and other motions appropriate in an adversary proceeding, except that a hearing examiner shall not have power to decide any motion to dismiss the proceedings or other motion which results in final determination of the merits of the proceedings. Without limitation on the foregoing provisions of this paragraph, the hearing examiner, shall subject to the provisions of this part, have all the authority of section 556 (C) of title 5 of the United States Code.

(b) Prehearing conference. The hearing examiner may, on his own initiative or at the request of any party, direct counsel for all parties to meet with him at a specified time and place prior to the hearing, or to submit suggestions to him in writing, for the purpose of considering any or all of the following:

(1) Simplification and clarification of the issues:

(2) Stipulations, admissions of fact and of the contents and authenticity of documents:

(3) Matters of which official notice Administrative Assistant to the Compwill be taken: and

troller, who shall transmit the same to (4) Such other matters as may aid in the hearing examiner. The Administrathe orderly disposition of the proceeding, tive Assistant shall promptly serve noincluding disclosure of the names of wit- tice upon each of the parties of such nesses and of docunients or other physi- filing and transmittal. The hearing excal exhibits which will be introduced in aminer shall have authority to rule upon evidence in the course of the proceeding. motions to correct the record.

(e) Order of procedure. The counsel Such conferences. in the discretion of

for the Comptroller shall open and close. the hearing examiner, need not be re

(f) Continuances and changes or excorded, but the hearing examiner shall

tensions of time and changes of place of enter in the record an order which re

hearing. Except as otherwise expressly cites the results of the conference. Such

provided by law, the Comptroller may order shall include the examiner's rul

by the notice of hearing or subsequent orings upon matters considered at the con

der provide time limits different from ference, together with appropriate direc

those specified in this part, and the tions to the parties, if any; and such

Comptroller may, on his own initiative or order shall control the subsequent course

for good cause shown, change or extend of the proceedings, unless modified at

any time limit prescribed by these rules the hearing to prevent manifest injustice.

or the notice of hearing, or change the Except as authorized by law, the hearing

time and place for beginning any hearing examiner shall not consult any person or

hereunder. The hearing examiner may party on any fact in issue unless upon

continue or adjourn a hearing from time notice and opportunity for all parties to

to time and, as permitted by law or participate, nor be responsible to or sub

agreed to by the parties, from place to ject to the supervision or direction of

place. Extensions of time for making any officer, employee, or agent engaged

any filing or performing any act rein the performance of investigative or

quired or allowed to be done within a prosecuting functions. No officer, em

specified time in the course of a proceedployee, or agent engaged in the perform- ing may be granted by the hearing exance of investigative or prosecuting func

aminer for good cause shown. tions in any case shall, in that case or

(g) Call for further evidence, oral a factually related case, participate or

argument, briefs, reopening of hearing. advise in the decision of the hearing ex

The hearing examiner may call for the aminer except as a witness or counsel in

production of further evidence upon any the proceedings.

issue, may permit oral argument and (c) Attendance at hearings. A hearing

submission of briefs at the hearing and, shall be private and shall be attended only by the parties, their representatives

upon appropriate notice, may reopen any

hearing at any time prior to the certifior counsel, witnesses while testifying, and

cation of his recommended decision to other persons having an official interest

the Administrative Assistant. The in the proceedings: Provided, however, That where the Comptroller in his dis

Comptroller may order the reopening of cretion, after fully considering the views

any hearing at any time prior to the of the party afforded the hearing, deter

entry of his order disposing of the matter. mines that a public hearing is necessary

f 19.12 Subpenas. to protect the public interest, he may order the hearing be public.

(a) Issuance. The hearing examiner (d) Transcript' of testimony. Hearings or, in the event he is unavailable, the shall be recorded and transcripts will Comptroller, shall issue subpenas at the be made available to any party upon request of any party, requiring the atpayment of the cost thereof and, in the tendance of witnesses or the production event the hearing is public, shall be fur- of documentary evidence at any designished on similar payment to other in- nated place of hearing; except that where terested persons. A copy of the transcript it appears to the hearing examiner or of the testimony taken at any hearing,

the Comptroller that the subpena may be duly certified by the reporter, together unreasonable, oppressive, excessive in with all exhibits, all papers and requests scope, or unduly burdensome, the party filed in the proceeding, and any briefs seeking the subpena may be required, as or memoranda of law theretofore filed a condition precedent to the issuance of in the proceeding, shall be filed with the the subpena, to show the general relevance and reasonable scope of the testi- (e) Depositions. The Comptroller or mony or other evidence sought. In the hearing examiner, by subpena or subevent the hearing examiner or the Comp- pena duces tecum, may order evidence to troller, after consideration of all the cir- be taken by deposition in any proceeding cumstances, determines that the subpena at any stage thereof. Such depositions or any of its terms are unreasonable, op- may be taken by the hearing examiner pressive, excessive in scope, or unduly or before any person designated by the burdensome, he or it may refuse to issue Comptroller or hearing examiner and the subpena, or issue it only upon such having power to administer oaths. Unconditions as fairness requires.

99-127 0-69-10

less notice is waived, no deposition shall (b) Motion to quash. Any person to be taken except after at least five days' whom a subpena is directed may, prior notice to the parties to the proceeding. to the time specified therein for com- (f) Application and order to take oral pliance but in no event more than five deposition. Any party desiring to take the days after the date of service of such oral deposition of a witness, in connection subpena, with notice to the party request- with any hearing provided for in this ing the subpena, apply to the hearing part, shall make application in writing examiner, or, if he is unavailable, to the to the hearing examiner or, in the event Comptroller, to revoke, quash, or modify he is unavailable, to the Comptroller setsuch subpena, accompanying such ap- ting forth the reasons why such deposiplication with a statement of the reasons tion should be taken, the name and post therefor.

office address of the witness, the matters (c) Service of subpena. Service of a concerning which the witness is expected subpena upon a person named therein to testify, its relevance, and the time shall be made by delivering a copy of when, the place where, and the name and the subpena to such person and by tend- post office address of the person before ering the fees for one day's attendance whom it is desired the deposition be and the mileage as specified in para- taken. A copy of such application shall graph (d) of this section, except that be served upon every other party to the when a subpena is issued at the request proceeding by the party making such of the Comptroller of the Currency's application. Upon a showing that (1) the counsel fees and mileage need not be proposed witness will be unable to attend tendered at the time of service of the or may be prevented from attending the subpena. If service is made by a United hearing because of age, sickness or inStates marshal, or his deputy, or an em- firmity, or will otherwise be unavailable ployee of the Office of the Comptroller, at the hearing, (2) his testimony will be such service shall be evidenced by his material, and (3) the taking of the depreturn thereon. If made by any other osition will not result in any undue burperson, such persor. shall make affidavit den to any other party or in undue thereto, describing the manner in which delay of the proceeding, the hearing exservice is made, and return such affidavit aminer or the Comptroller may, in his on or with the original subpena. In case discretion, by such subpena or subpena of failure to make service, reasons for duces tecum, order the oral deposition to the failure shall be stated on the original be taken. Such subpena will name the subpena. The original subpena, bearing witness whose deposition is to be taken or accompanied by the required return, and specify the time when, the place affidavit, or statement, shall be returned where, and the person before whom the without delay to the hearing examiner. witness is to testify, but such time and

(d) Attendance of witnesses. The at- place, and the person before whom the tendance of witnesses and the production deposition is ordered to be taken, may of documents pursuant to a subpena, is- or may not be the same as those named in sued in connection with a hearing, may the application. Notice of the issuance of be required from any place in any State such subpena shall be served upon each or in any territory at any designated of the parties a reasonable time, and in place where the hearing is being con- no event less than five days, in advance ducted. Witnesses subpenaed in any

of the time fixed for the taking of the proceeding under this part shall be paid deposition. the same fees and mileage that are paid (g) Procedure on deposition; objecwitnesses in the district courts of the

tions. Each witness testifying upon oral United States.

deposition shall be duly sworn, and the

adverse party shall have the right to $ 19.13 Rules of evidence.
cross-examine. Objections to questions
or documents shall be in short form, stat-

(a) Evidence. Every party shall have ing the grounds of objection relied upon;

the right to present his case or defense but the person taking the deposition shall

by oral and documentary evidence, to

submit rebuttal evidence and to conduct not have power to rule upon questions of

such cross-examination as may be recompetency or materiality or relevance of evidence. Failure to object to questions or

quired for a full and true disclosure of evidence shall not be deemed a waiver

the facts. Irrelevant, immaterial, or ununless the ground of the objection is one

duly repetitious evidence shall be ex

cluded. which might have been obviated or re

(b) Objections. Objections to the admoved if presented at that time. The

mission or exclusion of evidence shall be questions propounded and the answers

in short form, stating the grounds of obthereto, together with all objections

jections relied upon, and the transcript made (but not including argument or

shall not include argument thereon exdebate) shall be recorded by the person

cept as ordered by the hearing examiner. taking the deposition, or under his di

Rulings on such objections and on any rection. The deposition shall be sub

other matters shall be a part of the scribed by the witness, unless the parties

transcript. Failure to object to admisby stipulation waived the signing or the

sion or exclusion of evidence or to any witness is ill or cannot be found or re

ruling shall be considered a waiver of fused to sign, and certified as a true and

such objection. complete transcript thereof by the per

(c) Official notice. All matters offison taking the deposition. If the deposi

cially noticed by the hearing examiner tion is not subscribed to by the witness,

shall appear on the record. such person shall state on the record this fact and the reason therefor. Such per

§ 19.14 Motions. son shall promptly send the original and two copies of such deposition, together (a) In writing. An application or rewith the original and two copies of all quest for an order or ruling not otherexhibits, by registered mail to the Admin- wise specifically provided for in this part istrative Assistant to the Comptroller un

shall be made by motion. After a hearless otherwise directed in the order au- ing examiner has been designated to thorizing the taking of the deposition. preside at a hearing and before the filing Interested parties shall make their own with the Administrative Assistant of his arrangements with the person taking the recommended decision, pursuant to deposition for copies of the testimony § 19.28, such applications or requests and the exhibits.

shall be addressed to and filed with him. (h) Introduction as evidence. Subject At all other times motions shall be adto appropriate rulings by the hearing ex- dressed to the Comptroller and filed with aminer on such objections and answers the Administrative Assistant. Motions as were noted at the time the deposition shall be in writing, except that a motion was taken or as would be valid were the made at a session of a hearing may be witness personally present and testifying, made orally upon the record unless the the deposition or any part thereof may hearing examiner directs that it be rebe read in evidence by any party to the duced to writing. All written motions proceeding. Only such part or the whole shall state with particularity the order of a deposition as is received in evidence or relief sought and the grounds therefor. at a hearing shall constitute a part of (b) Objections. Within 5 days after the record in such proceeding upon which service of any written motion, or within a decision may be based.

such other period of time as may be (i) Payment of fees. Witnesses whose fixed by the hearing examiner or the oral depositions are taken shall be en- Comptroller, any party may file a written titled to the same fees as are paid for like answer or objection to such motion. The services in the courts of the United moving party shall have no right to reStates. Fees of persons taking such ply, except as permitted by the hearing depositions and the fees of the reporter examiner or the Comptroller. As a matshall be paid by the person upon whose ter of discretion, the hearing examiner application the deposition was taken. or the Comptroller may waive the requirements of this section as to motions posed findings and conclusions of law, for extensions of time, and may rule upon which may be accompanied by a brief in such motions ex parte.

support thereof. A copy of such proposals (c) Oral argument. No oral argument and brief in support thereof shall be dewill be heard on motions except as other- livered by the Administrative Assistant wise directed by the hearing examiner or to the hearing examiner and a copy shall the Comptroller. Written memoranda or be served upon the other parties to the briefs may be filed with motions or an- proceedings. All such proposals, briefs, swers or objections thereto, stating the and memoranda shall become part of the points and authorities relied upon in record. support of the position taken.

(b) Recommended decision and filing (d) Rulings on motions. Except as of record. The hearing examiner shall, otherwise provided in this part, the hear- within 30 days after the expiration of the ing examiner shall rule upon all motions time allowed for the filing of proposed properly addressed to him and upon such findings and conclusions, or within such other motions as the Comptroller may further time as the Comptroller for good direct, except that if the hearing ex- cause shall determine, file with the Adaminer finds that a prompt decision by ministrative Assistant and certify to the the Comptroller on a motion is essential Comptroller for decision the entire recto the proper conduct of the proceeding, ord of the hearing, which shall include he may refer such motion to the Comp- his recommended decision and findings troller for decision. The Comptroller of fact and conclusions of law, the transhall rule upon all motions properly script, exhibits (including on request of submitted to him for decision.

any of the parties any exhibits excluded (e) Appeal from rulings on motions. from evidence or tenders of proof), exAll motions and answers or objections ceptions, rulings, and all briefs and thereto and rulings thereon shall become memoranda filed in connection with the part of the record. Rulings of a hearing hearing. Promptly upon such filing the examiner on any motion may not be ap- Administrative Assistant shall serve pealed to the Comptroller prior to its upon each party to the proceeding a copy consideration of the hearing examiner's of the hearing examiner's recommended recommended decision, findings and con- decision, and findings and conclusions. clusions except by special permission of the Comptroller; but they shall be con

§ 19.16 Exceptions. sidered by the Comptroller in reviewing the record. Requests to the Comptroller (a) Filing. Within 15 days after refor special permission to appeal from ceipt of a copy of the recommended desuch rulings of the hearing examiner cision of the hearing examiner, any shall be filed promptly, in writing, and party may file with the Administrative shall briefly state the grounds relied on. Assistant exceptions to the recommended The moving party shall immediately decision of the hearing examiner or any serve a copy thereof on every other party portion thereof or to his failure to adopt to the proceeding:

a proposed finding or conclusion, or to (f) Continuation of hearing. Unless the admission or exclusion of evidence otherwise ordered by the hearing ex- or to any other ruling, which exceptions aminer or the Comptroller, the hearing may be accompanied by a supporting shall continue pending the determination brief. A copy of such exceptions and brief of any motion by the Comptroller.

shall be forthwith delivered by the Ad

ministrative Assistant to the hearing ex§ 19.15 Proposed findings and conclu

aminer and a copy shall also be served sions and recommended decision.

on the other parties to the proceedings. (a) Proposed findings and conclusions (b) Waiver. Failure to file excepand supporting briefs Within 15 days tions to the recommended decision of the after the filing of the transcript with the hearing examiner or any portion thereAdministrative Assistant (or within 15 of, or to his failure to adopt a proposed days after the party's receipt of a copy of finding or conclusion, or to the admissuch transcript, if ordered before the sion or exclusion of evidence or to any conclusion of the hearing) a party may ruling, within the time so required, shall file with the Administrative Assistant for be deemed to be a waiver of the objecsubmission to the hearing examiner pro- tions thereto.

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