such other period as may be fixed by the hearing officer or the Administrator, any party may file a written answer or objections to such motion. The moving party shall have no right to reply, except as permitted by the hearing officer or the Administrator. As a matter of discretion, the hearing officer or the Administrator 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 hearing officer of the Administrator. 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 hearing officer shall rule upon all motions properly addressed to him and upon such other motions as the Administrator directs. The Administrator shall rule upon all motions properly submitted to him for decision;

(e) Appeal from rulings on motions. All motions and answers or objections thereto and rulings thereon shall become a part of the record. Rulings of a hearing officer on any motion may not be appealed to the Administrator prior to his consideration of the hearing officer's recommended decision, findings, and conclusions except by special permission of the Administrator; but such rulings shall be considered by the Administrator in reviewing the record. Requests to the Administrator for special permission to appeal from such rulings of the hearing officer shall be filed promptly, in writing, and shall briefly state the grounds relied upon. 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 hearing officer or the Administrator, the hearing shall be continued pending the determination of any motion by the Administrator. § 715.12 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 Administrator's notice of the filing and transmittal of the record as provided in § 715.9 (g), or such further time as the hearing officer for good cause shall de

termine, to file with the hearing officer proposed findings of fact, conclusions of law, and orders which may be accompanied by a brief or memorandum in support thereof. Such proposals shall be supported by citation of those statutes, decisions, and other authorities which may be relevant and by page references to appropriate parts of the record. All such proposals, briefs, and memoranda shall become a part of the record.

(b) Recommended decision and filing of record. The hearing officer 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 Administrator for good cause shall determine, file with and certify to the Administrator 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 Administrator shall serve upon each party to the proceeding a copy of the hearing officer's recommended decision, findings, conclusions and proposed order. The provisions of this paragraph and § 715.13 shall not apply, however, in any case where the hearing was held before the Administrator.

§ 715.13 Exceptions.

(a) Filing. Within 15 days after service of the recommended decision, findings, conclusions, and proposed order of the hearing officer, or such further time as the Administrator for good cause shall determine any party (other than a party who has not filed an answer in accordance with paragraphs (a) and (c) of § 715.8, unless no answer was required of such party by the Administrator) may file with the Administrator exceptions thereto or any part thereof, or to the failure of the hearing officer to make any recommendation, finding, or conclusion, or to the admission or exclusion of evidence, or other rulings of the hearing officer, supported by such brief as may appear advisable.

(b) Waiver. Failure of a party to file exceptions to the recommended decision, findings, conclusions, and proposed order of the hearing officer, or any portion thereof, or to his failure to adopt a pro

(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 references to such portions of the record or recommended decision of the hearing officer 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 hearing officer 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 Administrator or the hearing officer, as the case may be.

(c) Delays. Briefs not filed on or before the time fixed in this subpart will be received only upon special permission of the Administrator or the hearing officer, as the case may be.

§ 715.15 Oral argument

Administrator.

before the

Upon his own initiative, or upon the written request of any party made within the time prescribed for the filing of exceptions, and briefs relative thereto, for oral argument on the findings, conclusions, and recommended decision of the hearing officer, the Administrator, if he considers that justice will best be served, may order the matter to be set down for oral argument before him. Oral argument before the Administrator shall be recorded.

§ 715.16 Notice of submission to the Administrator.

Upon filing of the record with the Administrator, 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 Administrator and upon the hearing of oral argument by the Administrator if ordered by the Administrator, the Administrator

shall notify the parties that the case has been submitted to him for final decision.

§ 715.17 Decision of the Administrator.

Appropriate members of the staff of the National Credit Union Administration, who are not engaged in the performance of investigative or prosecuting functions in the case, or in a factually related case, may advise and assist the Administrator in the consideration of the case and in the preparation of appropriate documents for its disposition. Copies of the decision and order of the Administrator shall be furnished to the Federal credit union concerned.

§ 715.18 Filing papers.

Recommended decisions, exceptions, briefs and other papers required to be filed with the Administrator in any proceeding shall be filed with the Administrator, National Credit Union Administration, Washington, D.C. 20456. Any such papers may be sent to the Administrator by mail but must be received in the office of the Administrator in Washington, D.C. or post marked by a post office, within the time limit for such filing.

§ 715.19 Service.

(a) By the Administrator. All documents or papers required to be served by the Administrator upon any party afforded a hearing shall be served by him or his duly authorized representative. Such service, except for service upon counsel for the Administration, shall be made by personal service or by registered or certified mail, addressed to the last known address as shown on the records 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 Administration. Such service may also be made in such other manner reasonably calculated to give actual notice as the Administrator may by regulation or otherwise provide. The provisions of this section are also applicable to service required in Subpart A of this part.

(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

(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 begin 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 (as listed in rule 6(a) of the Federal Rules of Civil Procedure), 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, said period of time shall commence from the date shown on the return receipt and where filing by the party so served is required, said filing shall be deemed timely if the matter filled is postmarked within the time prescribed for such filing.

§ 715.22 Documents in proceedings

confidential.

Unless and until otherwise ordered by the Administrator, the notice of intent to suspend or revoke, the notice of hearing, the transcript, the recommended de

cision of the hearing officer, exceptions thereto, proposed findings or conclusions, the findings and conclusions of the Administrator 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 Administrator, the hearing officer, the parties and appropriate authorities. The provisions of this section also apply to all papers concerned where the particular Federal credit union elects to submit a written statement under § 715.3(b)(1). § 715.23 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 the Federal credit union shall be signed by an officer thereof, and if filed by another party shall be signed by said party, or by the duly authorized agent or attorney of the Federal credit union or other party, and in all such cases shall show the signer's address. Counsel for the Administration shall sign the original of all papers filed by him.

(c) Caption. All papers filed must inIclude at the head thereof, or on a title page, the name of the Administration, the name of the party, and the subject of the particular paper.

Subpart C-Procedures Applicable to Immediate Suspension of Charter Cancellation of Charter

§ 715.24 Scope.

This subpart prescribes the procedures to be used by the National Credit Union Administration when immediate suspension of a Federal credit union's charter is necessary. Also contained is the pro- | vision for cancellation of the charter of a Federal credit union upon completion of the liquidation thereof.

§ 715.25 Immediate suspension.

(a) In any case where the Adminis trator shall find that a Federal credit union is insolvent or that the interest of its members require immediate action, he may order, without prior notice, the im mediate suspension of the charter of the Federal credit union concerned; and f the Administrator shall find that the interests of the members so warrant, he may take possession of all books, records, assets, and property of every description

of the Federal credit union. The Administrator shall cause to be served upon such Federal credit union a notice of suspension of its charter. Such notice shall contain a statement of the grounds for the immediate suspension and the authority upon which such grounds are based. The Federal credit union shall have forty (40) days from the date of receipt of such notice and order to exercise its options as listed in § 715.3(b).

(b) Should the Federal credit union concerned fail to exercise either alternative provided in § 715.3(b) within the prescribed time, it shall be deemed to have consented to the relief sought in the notice served pursuant to paragraph (a) of this section.

[37 FR. 10343, May 20, 1972, as amended at 37 F.R. 11235, June 6, 1972]

§ 715.26 Cancellation of charter.

On the completion of the liquidation and certification by the liquidating agent that the distribution of the assets of the Federal credit union has been completed, the Administrator shall cancel the charter of the Federal credit union concerned.

PART 720-DISCLOSURE OF OFFICIAL RECORDS AVAILABILITY OF INFORMATION

Bec.

720.1 Statement of policy. 720.2 Information centers.

720.3 Procedure for requesting access to identifiable records.

720.4 Procedure for denials and review of denials of requests for records.

720.5 Exempted material.

AUTHORITY: Provisions of this Part 720 issued under sec. 21, 73 Stat. 635; 12 U.S.C. 1766; apply 5 U.S.O. 552, 559.

SOURCE: The provisions of this Part 720 appear at 33 F.R. 15868, Oct. 26, 1968; 36 FR. 18637, Sept. 18, 1971, unless otherwise noted. Redesignated at 35 F.R. 17398, Nov. 13, 1970. § 720.1 Statement of policy.

It is the policy of the Bureau to provide members of the public with all information which will permit the most effective functioning of the Federal Credit Union Program. The Administration is particularly anxious to assure a steady flow of information to persons most affected by the program, namely, officials, and members of Federal credit unions. Consequently, all records and information of the Administration, consistent with the obligations of confidentiality and the administrative necessities

recognized by 5 U.S.C. 552, are available for public inspection and copying. § 720.2 Information centers.

(a) The offices of the Regional Directors are designated as Information Centers for the National Credit Union Administration. The locations are listed in the Administration's Annual Report of the Federal Credit Union Program (see § 701.15(b) of this chapter).

(b) The NCUA Information Centers will have copies of the publications described in § 701.14-701.17 of this chapter. Requests for identifiable records may be made at the centers, either orally or in writing.

(c) The Regional Director is responsible for the operation of the Information Center in his regional office. The Administrator of the Division of Administration is responsible for the operation of the center maintained at NCUA headquarters.

[33 F.R. 15868, Oct. 26, 1968, as amended at 36 F.R. 18637, Sept. 18, 1971. Redesignated, at 35 F.R. 17398, Nov. 13, 1970]

§ 720.3 Procedure for requesting access to identifiable records.

All NCUA information and records in existence which are not exempt by law and regulation are available for public inspection and copying. When material requested is not contained in any of the publications of NCUA, it must be identified by the requestor by means of a brief description containing the name, number, or date, as applicable, sufficient to enable the record to be identified and located, whether or not copying is requested.

[33 F.R. 15868, Oct. 26, 1968, as amended at 36 F.R. 18637, Sept. 18, 1971. Redesignated, at 35 F.R. 17398, Nov. 13, 1970]

§ 720.4 Procedure for denials and review of denials of requests for records.

(a) The official in charge of the Information Center may deny an oral or written request if he deems the request to involve material exempt from disclosure by 5 U.S.C. 552 or applicable regulations. Denials of written requests shall be in writing. Oral requests may be dealt with orally, but if the requestor is dissatisfied with the disposition of such a request he shall be asked to put the request in writing. A written denial will inform the requestor that he may seek a review by the Administrator of Social Security. A request for review must be in

writing and signed by the requestor and shall include a copy of the written request and the denial. It must be filed within 30 days of the date on which he receives the initial written denial, and may be filed at any NCUA Regional Office or at NCUA headquarters.

(b) The Administrator or his designee shail, when a request for a review has been filed, review the decision in question, upon the basis of the evidence considered in connection with the decision and whatever other evidence and written argument is submitted by the person requesting the review. Decisions on review shall be in writing. If the decision is in favor of the requestor, the decision shall order the records made available to the requestor as provided in the decision. The decision, if adverse to the requestor, shall briefly state the reasons for the decision, and shall be promptly communicated to the requestor, and shall constitute final action of the Administration.

(c) Where the Commissioner or his designee upon review affirms the denial of a request for records, in whole or in part, the requestor may seek court review by instituting a civil action in the district court of the United States pursuant to 5 U.S.C. 552 (a) (3).

[33 F.R. 15868, Oct. 26, 1968, as amended at 36 F.R. 18637, Sept. 18, 1971. Redesignated, 35 F.R. 17398, Nov. 13, 1970]

§ 720.5 Exempted material.

Certain records may be exempted from disclosure under Public Law 90-23, 5 U.S.C. 552, and the Administration's regulations thereunder.

[33 F.R. 15868, Oct. 26, 1968, as amended at 36 F.R. 18638, Sept. 18, 1971. Redesignated, 35 F.R. 17398, Nov. 13, 1970]

chase of types of insurance incidental to promotion of thrift or the borrowing of money for provident and productive purposes such as life savings, loan protection, group, fire, theft, automobile, life, and disability insurance. Pursuant to such activities, a Federal credit union will adhere to the following guidelines: (a) As used herein, unless the context otherwise requires

(1) "Contract," "policy," and "plan" shall additionally have reference to any amendments, clauses, riders, endorsements, revisions, renewals or replacements thereof;

(2) "Credit union" shall mean any Federal credit union, its officials, directors, agents, employees, and representatives;

(3) "Insurer" shall mean any insurance company, its officers, directors. agents, employees, and representatives: and

(4) "Person" includes individuals, corporations, associations, firms, partnerships and joint stock companies.

(b) No credit union shall enter into any contract of insurance, or agreements or understandings relating thereto, except as provided in this part.

(c) The credit union may inform its members as to the availability of insurance through informational materials placed in the credit union's office, through the credit union's publications, or by direct mailings to members by the credit union. In this regard, the credit union may not, directly or indirectly, make any list of its membership available or provide addresses of its members to any insurer or use such insurer's stationery or envelopes.

(d) The credit union may be the pollcyholder of a group insurance plan or a subgroup under a master policy plan and may disseminate information to its members concerning the insurance provided thereunder. Where such plans are adopted by a credit union, the plan should be thoroughly investigated to reasonably determine that it is a reliable one, will protect the interests of the members and complies with these guidelines. The credit union's files should contain documentary evidence of the investigations made concerning the various plans.

(e) The credit union may subscribe to or be a member of a trust or other association whose sole function is to administer insurance plans or programs under policies of insurance for its subscribing or member credit unions or their mem