person designated by the Board of Directors or administrative law judge and having power to administer oaths. Unless notice is waived, no deposition shall be taken except after at least 5 days' notice to the parties to the proceeding.

(f) Application and order to take oral deposition. Any party desiring to take the oral deposition of a witness, in connection with any hearing provided for in this part, shall make application in writing to the administrative law judge or, in the event he is unavailable, to the Board of Directors, setting forth the reasons why such deposition should be taken, the name and post office address of the witness, the matters concerning which the witness is expected to testify, its relevance, and the time when, the place where, and the name and post office address of the person before whom it is desired the deposition be taken. A copy of such application shall be served upon every other party to the proceeding by the party making such application. Upon a showing that (1) the proposed witness will be unable to attend or may be prevented from attending the hearing because of age, sickness or infirmity, or will otherwise be unavailable at the hearing, (2) his testimony will be material, and (3) the taking of the deposition will not result in any undue burden to any other party or in undue delay of the proceeding, the administrative law judge or the Board of Directors may, in his or its discretion, by such subpena or subpena duces tecum, order the oral deposition to be taken. Such subpena will name the witness whose deposition is to be taken and specify the time when, the place where, and the person before whom the witness is to testify, but such time and place, and the person before whom the deposition is ordered to be taken, may or may not be the same as those named in the application. Notice of the issuance of such subpena shall be served upon each of the parties a reasonable time, and in no event less than five days, in advance of the time fixed for the taking of the deposition.

(g) Procedure on deposition; objections. Each witness testifying upon oral deposition shall be duly sworn, and the adverse party shall have the right to cross-examine. Objections to questions or evidence shall be in short form, stating the grounds of objection relied upon; but the person taking the deposition shall not have power to rule upon questions of competency or materiality or

relevance of evidence. Failure to object to questions or evidence shall not be deemed a waiver except where the ground of the objection is one which might have been obviated or removed if presented at that time. The questions propounded and the answers thereto, together with all objections made (but not including argument or debate) shall be recorded by the person taking the deposition, or under his direction. The deposition shall be subscribed by the witness, unless the parties by stipulation waived the signing or the witness is ill or cannot be found or refused to sign, and certified as a true and complete transcript thereof by the person taking the deposition. If the deposition is not subscribed to by the witness, such person shall state on the record this fact and the reason therefor. Such person shall promptly send the original and two copies of such deposition, together with the original and two copies of all exhibits, by registered mail to the Executive Secretary of the Corporation unless otherwise directed in the order authorizing the taking of the deposition. Interested parties shall make their own arrangements with the person taking the deposition for copies of the testimony and the exhibits.

(h) Introduction as evidence. Subject to appropriate rulings on such objections to questions of evidence as were noted at the time the deposition was taken or as would be valid were the witness personally present and testifying (except objections waived under the third sentence of paragraph (g) of this section), the deposition or any part thereof may be read in evidence by any party to the proceeding. Only such part or the whole of a deposition as is received in evidence at a hearing shall constitute a part of the record in such proceeding upon which a decision may be based.

(i) Payment of fees. Witnesses whose oral depositions are taken shall be entitled to the same fees as are paid for like services in the courts of the United States. Fees of persons taking such depositions and the fees of the reporter shall be paid by the person upon whose application the deposition was taken.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.7 Rules of evidence.

(a) Evidence. Every party shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence and to conduct

such cross-examination as may be required for a full and true disclosure of the facts. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(b) Objections. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon, and the transcript shall not include argument thereon except as ordered, allowed, or requested by the administrative law judge. Rulings on such objections and on any other matters shall be a part of the transcript. Failure to object to admission or exclusion of evidence or to any ruling shall be considered a waiver of such objection.

(c) Official notice. All matters officially noticed by the administrative law judge shall appear on the record.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.8 Motions.

(a) In writing. An application or request for an order or ruling not otherwise specifically provided for in this part shall be made by motion. After an administrative law judge has been designated to preside at a hearing and before the filing with the Secretary of his recommended decision, pursuant to § 308.9, such applications or requests shall be addressed to and filed with him. At all other times motions shall be addressed to the Board of Directors and filed with the Secretary. Motions shall be in writing, except that a motion made at a session of a hearing may be made orally upon the record unless the administrative law judge directs that it be reduced to writing. All written motions shall state with particularity the order or relief sought and the grounds therefor.

(b) Objections. Within 5 days after service of any written motion, or within such other period of time as may be fixed by the administrative law judge or the Board of Directors, any party may file a written answer or objection to such motion. The moving party shall have no right to reply, except as permitted by the administrative law judge or the Board of Directors. As a matter of discretion, the administrative law judge or the Board of Directors may waive the requirements of this section as to motions for extensions of time, and may rule upon such motions ex parte.

(c) Oral argument. No oral argument will be heard on motions except as otherwise directed by the administrative law

judge or the Board of Directors. Written memoranda or briefs may be filed with motions or answers or objections thereto, stating the points and authorities relied upon in support of the position taken.

(d) Rulings on motions. Except as otherwise provided in this part, the administrative law judge shall rule upon all motions properly addressed to him and upon such other motions as the Board of Directors may direct, except that if the administrative law judge finds that a prompt decision by the Board of Directors on a motion is essential to the proper conduct of the proceeding, he may refer such motion to the Board of Directors for decision. The Board of Directors shall rule upon all motions properly submitted to it for decision.

(e) Appeal from rulings on motions. All motions and answers or objections thereto and rulings thereon shall become part of the record. Rulings of an administrative law judge on any motion may not be appealed to the Board of Directors prior to its consideration of the administrative law judges recommended decision, findings and conclusions except by special permission of the Board of Directors; but they shall be considered by the Board of Directors in reviewing the record. Requests to the Board of Directors for special permission to appeal from such rulings of the administrative law judge shall be filed promptly, in writing, and shall briefly state the grounds relied on. The moving party shall immediately serve a copy thereof on every other party to the proceeding.

(f) Continuation of hearing. Unless otherwise ordered by the administrative law judge or the Board of Directors, the hearing shall continue pending the determination of any motion by the Board of Directors.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.9 Proposed findings and conclusions and recommended decision.

(a) Proposed findings and conclusions by parties. Each party to a hearing shall have a period of 15 days after service of the notice by the Executive Secretary of the Corporation of the filing and transmittal of the record, as provided in paragraph (e) of § 308.5, or such further time as the administrative law judge for good cause shall determine, to file with the administrative law judge proposed findings of fact, conclusions

of law and order, which may be accompanied by a brief or memorandum in support thereof. Such proposals shall be supported by citation of such statutes, decisions and other authorities, and by page references to such portions of the record, as may be relevant. All such proposals, briefs and memoranda shall become a part of the record.

(b) Recommended decision and filing of record. The administrative law judge shall, within 30 days after the expiration of the time allowed for the filing of proposed findings, conclusions, and order, or within such further time as the Board of Directors for good cause shall determine, file with the Executive Secretary of the Corporation and certify to the Board of Directors for decision the entire record of the hearing, which shall include his recommended decision, findings of fact, conclusions of law, and proposed order, the transcript, exhibits (including on request of any of the parties any exhibits excluded from evidence or tenders of proof), exceptions, rulings, and all briefs and memoranda filed in connection with the hearing. Promptly upon such filing the Executive Secretary of the Corporation shall serve upon each party to the proceeding a copy of the administrative law judge's recommended decision, findings, conclusions, and proposed order. The provisions of this paragraph and 308.10 shall not apply, however, in any case where the hearing was held before the Board of Directors.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

(a) Filing. Within 15 days after service of the recommended decision, findings, conclusions, and proposed order of the administrative law judge, or such further time as the Board of Directors for good cause shall determine, any party (other than a party who has not filed an answer in accordance with paragraphs (a) and (d) of § 308.4, unless no answer was required of such party by the Board of Directors) may file with the Executive Secretary of the Corporation exceptions thereto or any part thereof, or to the failure of the administrative law judge to make any recommendation, finding, or conclusion, or to the admission or exclusion of evidence, or other ruling of the administrative law judge, supported by such brief as may appear advisable.

(b) Waiver. Failure of a party to file exceptions to the recommended decision.

(a) Contents. All briefs shall be confined to the particular matters in issue. Each exception or proposed finding or conclusion which is briefed shall be supported by a concise argument or by citation of such statutes, decisions or other authorities and by page reference to such portions of the record or recommended decision of the administrative law judge as may be relevant. If the exception relates to the admission or exclusion of evidence, the substance of the evidence admitted or excluded shall be set forth in the brief with appropriate references to the transcript.

(b) Reply briefs. Reply briefs may be filed with the Executive Secretary of the Corporation within 10 days after service of briefs and shall be confined to matters in original briefs of opposing parties. Further briefs may be filed only with the permission of the Board of Directors.

(c) Delays. Briefs not filed on or before the time fixed in this subpart will be received only upon special permission of the Board of Directors.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.12 Oral argument

Board of Directors.

before the

Upon its own initiative, or upon the written request of any party made within the time prescribed for the filing of exceptions, a brief in support thereof, or a reply brief, if any, for oral argument on the findings, conclusions, and recommended decision of the administrative law judge, the Board of Directors, if it considers justice will best be served, may order the matter to be set down for oral argument before the Board of Directors or one or more members thereof. Oral argument before the Board of Directors shall be recorded unless otherwise ordered by the Board of Directors.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

Upon the filing of the record with the Executive Secretary of the Corporation, and upon the expiration of the time for the filing of exceptions and all briefs, including reply briefs or any further briefs permitted by the Board of Directors and upon the hearing of oral argument by the Board of Directors, if ordered by the Board of Directors, the Executive Secretary shall notify the parties that the case has been submitted to the Board of Directors for final decision.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.14 Decision of Board of Directors.

Appropriate members of the staff, who are not engaged in the performance of investigative or prosecuting fuctions in the case, or in a factually related case, may advise and assist the Board of Directors in the consideration of the case and in the preparation of appropriate documents for its disposition. Copies of the decision and order of the Board of Directors shall be furnished by the Executive Secretary of the Corporation to the parties to the proceedings, the bank involved and to the appropriate State supervisory authority, in the case of a State bank. Where the proceedings involve the involuntary termination of the insured status of a bank, copies of the decision and order shall also be furnished to the Board of Governors of the Federal Reserve System in the case of a State member bank, or to the Comptroller of the Currency in the case of a national bank or a District bank.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.15 Filing papers.

Recommended decisions, exceptions, briefs and other papers required to be filed with the Board of Directors or Executive Secretary in any proceedings shall be filed with the Executive Secretary, Federal Deposit Insurance Corporation, Washington, D.C. 20429. Any such papers may be sent to the Executive Secretary by mail or express but must be received in the office of the Corporation in Washington, D.C., or postmarked by a post office, within the time limit for such filling.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.16 Service.

(a) By the Board of Directors. All documents or papers required to be served by the Board of Directors upon any party afforded a hearing shall be served by the Executive Secretary of the Corporation unless some other person shall be designated for such purpose by the Board of Directors. Such service, except for service on counsel for the Board of Directors, shall be made by personal service or by registered mail, addressed to the last known address as shown on the records of the Board of Directors, on the attorney or representative of record of such party, provided that if there is no attorney or representative of record, such service shall be made upon such party at the last known address as shown on the records of the Board of Directors. Such service may also be made in such other manner reasonably calculated to give actual notice as the Board of Directors may by regulation or otherwise provide.

(b) By the parties. Except as otherwise expressly provided in this part, all documents or papers filed in a proceeding under this part shall be served by the party filing the same upon the attorneys or representatives of record of all other parties to the proceeding, or, if any party is not so represented, then upon such party. Such service may be made by personal service or by registered, certified, or regular first-class mail addressed to the last known address of such parties, or their attorneys or representatives of record. All such documents or papers shall, when tendered to the Board of Directors or the administrative law judge for filing, show that such service has been made.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

Unless otherwise specifically provided in the notice of hearing, an original and seven copies of all documents and papers required or permitted to be filed or served upon the Executive Secretary of the Corporation under this part, except the transcript of testimony and exhibits, shall be furnished to the Executive Secretary of the Corporation.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.18 Computing time.

(a) General rule. In computing any period of time prescribed or allowed by

this part, the date of the act, event or default from which the designated period of time begins to run is not to be included. The last day so computed shall be included, unless it is a Saturday, Sunday, or legal holiday in the District of Columbia, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor such legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be included in the computation unless the time within which the act is to be performed is 10 days or less in which event Saturdays, Sundays, and legal holidays shall not be included.

(b) Service by mail. Whenever any party has the right or is required to do some act or take some proceeding, within a period of time prescribed in this part, after the service upon him of any document or other paper of any kind, and such service is made by mail, 3 days shall be added to the prescribed period from the date when the matter served is deposted in the United States mail. § 308.19 Documents in proceedings confidential.

Unless and until otherwise ordered by the Board of Directors, the notice of hearing, the transcript, the recommended decision of the administrative law judge, exceptions thereto, proposed findings or conclusions, the findings and conclusions of the Board of Directors and other papers which are filed in connection with any hearing shall not be made public, and shall be for the confidential use only of the Board of Directors, the administrative law judge, the parties and appropriate supervising authorities.

[32 FR 11147, Aug. 1, 1967, as amended at 38 FR 14264, May 31, 1973]

§ 308.20 Formal requirements as to papers filed.

(a) Form. All papers filed under this subpart shall be printed, typewritten, or otherwise reproduced. All copies shall be clear and legible.

(b) Signature. The original of all papers filed by a bank shall be signed by an officer thereof, and if filed by another party shall be s'gned by said party, or by the duly authorized agent or attorney of the bank or other party, and in all such cases shall show the signer's address. Counsel for the Corporation shall sign the original of all papers filed by him.

Whenever the Board of Directors finds that an insured bank or its directors or trustees have engaged or are engaging in unsafe or unsound practices in conducting the business of such bank, or that such bank is in an unsafe or unsound condition to continue operations as an insured bank, or that such bank or its directors or trustees have violated an applicable law, rule, regulation or order, or any condition imposed in writing by the Corporation in connection with the granting of any application or other request by the bank, or any written agreement entered into with the Corporation, the Board of Directors will first give to the Comptroller of the Currency in the case of a national bank or a District bank, to the authority having supervision of the bank in the case of a State bank, and to the Board of Governors of the Federal Reserve System in the case of a State member bank, a statement with respect to such practices or violations for the purpose of securing the correction thereof and will forward a copy thereof to the bank. § 308.23

Notice of intention to terminate insured status.

Unless correction of the practices, condition or violations set forth in the statement prescribed in § 308.22 is made within 120 days, or such shorter period not