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essary to that end, including the follow at the conference, together with approing:
priate directions to the parties, if any, (1) To administer oaths and afirma and such order shall control the subtions and take depositions or have sequent course of the proceedings, undepositions taken when the ends of jus less modified at the hearing to prevent tice would be served;
manifest injustice. (2) To receive relevant evidence and (e) Impartial conduct. Except to the to rule upon offers of proof;
extent required for the disposition of ex (3) To regulate the course of the parte matters as authorized by law, hearing and the conduct of the parties the hearing officer shall not consult and their counsel;
any person or party on any fact in (4) To hold conferences for the set issue unless upon notice and opportotlement simplification of issues by con nity for all parties to participate, no sent of the parties or for any other be responsible to or subject to the superproper purpose; and
vision or direction of any officer, em(5) TO consider and rule upon, as ployee, or agent engaged in the justice may require, all procedural and performance of investigative or prosother motions appropriate in an adver ecuting functions. No officer, employee, sary proceeding, except that a hearing or agent engaged in the performance of officer shall not have power to decide any investigative of prosecuting function in motion to dismiss the proceedings or any case shall, in that case or a factually other motion which results in final de related case, participate or advise in the termination of the merits of the proceed decision of the hearing officer except as ings. Without limitation on the foregoing & witness or counsel in the proceedings. provisions of this paragraph, the hear (f) Attendance at hearings. A bear. ing officer shall, subject to the provisions ing shall ordinarily be private and shall of this part, have all authority of section be attended only by the parties, they 556(c) of title 5 of the United States representatives or counsel, witnesses Code except that the hearing officer shall while testifying, and other persons har not have authority to issue subpoenas. ing an official interest in the proceed.
(d) Prehearing conference. The hear ings: Provided, however, That on written ing officer may, on his own initiative request by a party or representatives of or at the request of any party, direct the Administrator, or on the Administracounsel for all parties to meet with him tor's own motion, the Administrator, in at a specified time at the place of the his discretion, may permit other persons hearing or other mutually acceptable to attend or may order the hearing to place prior to the hearing, or to submit be public. suggestions to him in writing, for the (g) Transcript of testimony. Hearings purpose of considering any or all of the shall be recorded and transcripts will following:
be available to any party upon payment (1) Simplification and clarification of of the cost thereof, and, in the event the issues by consent of the parties; the hearing is public, shall be furnished
(2) Stipulations, admissions of fact on similar payment to the other trand of the contents, and authenticity of terested persons. A copy of the transdocuments;
script of the testimony taken at any (3) Matters of which official notice hearing, duly certified by the reporter, will be taken; and
together with all exhibits, all papers (4) Such other matters as may aid and requests filed in the proceeding, shall in the orderly disposition of the pro be filled with the Administrator, who ceeding, including disclosure of the shall transmit the same to the hearing names of witnesses and of documents or oficer. The Administrator shall promptly other physical exhibits which will be
serve notice upon each of the parties introduced in evidence in the course of
of such filing and transmittal. The hesr. the proceeding.
ing oficer shall have authority to rule
upon motions to correct the record. Such conferences shall, at the request (h) Order of procedure. At the time for of any party, be recorded and at the opening arguments, counsel for the Adconclusions thereof the hearing officer ministration will argue first and at the shall enter in the record an order which time for closing arguments the counsel recites the results of the conference. for the Administration shall argue last Such order shall include the hearing (1) Continuances and changes or eiofficer's rulings upon matters considered tention of time and changes of place of
hearing. The Administrator may, by officer, as the case may be) shall keep the notice of hearing or subsequent & docket file. All papers filed with the order, provide time limits different from presiding individual and all process and those specified in this part, and the orders shall be entered chronologically in Administrator or hearing officer as the the docket file and each item shall be case may be, may, on his own initiative assigned a number. Entries shall be brief or for good cause shown, extend any but shall show the nature of each item time limit prescribed by these rules or, filed. In a case where a hearing officer with the consent of the Federal credit is the presiding individual, he shall union afforded the hearing, change transmit the docket file to the Administhe time and place for beginning trator at the time he files his recomany hearing hereunder. The hearing mended findings, conclusions, and decioficer may continue or adjourn a hear sion with the Administrator. ing from time to time and, as permitted
§ 715.10 Rules of evidence. by law or agreed to by parties, from place to place. Extensions of time for (a) Evidence: Every party shall have making any filing or performing any act the right to present his case by oral and required or allowed to be done within documentary evidence, to submit rebut& specified time in the course of a pro
tal evidence and to conduct such crossceeding may be granted by the hearing examination as may be required for a full officer for good cause shown.
and true disclosure of the facts. Irrele(1) Call for further evidence, oral vant, immaterial, or unduly repetitious argument, briefs, reopening of hearing. evidence shall be excluded. The hearing officer may call for the (b) Objections to the admission or exproduction of further evidence upon any clusion of evidence shall be in short form, issue, may permit oral argument and stating the grounds relied upon, and the submission of briefs at the hearing and, transcript shall not include argument upon appropriate notice, may reopen any
therein except as ordered, allowed, or hearing at any time prior to the certif requested by the hearing officer. Rulings cation of his recommended findings, con of objections and on any other matter clusions and decision to the Administra shall be a part of the transcript. Failure tor. The Administrator shall render his to object to admission or exclusion of decision within forty-five (45) days after evidence or to any ruling shall be conthe parties have been notified pursuant
sidered a walyer of such objection. to $ 715.16 that the case has been sub (c) Official notice: All matters offimitted to the Administrator for final cially noticed by the hearing officer shall decision, unless within such forty-five appear on the record. (45) day period the Administrator shall 137 F.R. 10343, May 20, 1972; 37 F.R. 10561, order that such notice be set aside May 25, 1972) and the case reopened for further
§ 715.11 Motions. proceedings. (k) Burden of proof. Except as other
(a) In writing. An application or rewise provided by statute, the proponent
quest for an order or ruling not otherof a rule or order has the burden of
wise specifically provided for in this part proof.
shall be made by motion. After a hear(1) Failure to appear. Where an answer
ing oficer has been designated and beis not required and the credit union fails
fore the filing with the Administrator of to appear at the hearing by a duly au
his recommended findings, conclusions thorized representative, the credit union
and decision, such applications or reshall be deemed to have admitted to the
quests shal be addressed to and filed with facts as alleged and consented to the
the hearing officer. At all other times relief sought.
motions shall be addressed to and filled (m) Depositions. The procedures set
with the Administrator. Motions shall forth in 8 747.7 (e), (f), (g), and (h)
be in writing, except that a motion made of this chapter shall be followed in the at a session of a hearing may be made taldng of depositions: Provided, That orally upon the record unless the hearing any provisions contained in the afore officer directs that it be reduced to mentioned sections which relate to sub writing. All written motions shall state poenas shall not apply to depositions with particularity the order or relief taken pursuant to this section.
sought and the grounds therefor. (n) Docket file. The presiding indi (b) Objections. Within 5 days after vidual (the Administrator or the hearing service of any written motion, or within
such other period as may be fixed by the termine, to file with the hearing officer hearing officer or the Administrator, any proposed findings of fact, conclusions of party may file a written answer or ob law, and orders which may be accompa. jections to such motion. The moving nied by a brief or memorandum in SUDparty shall have no right to reply, except port thereof. Such proposals shall be as permitted by the hearing officer or the supported by citation of those statutes, Administrator. As a matter of discretion, decisions, and other authorities which the hearing officer or the Administrator may be relevant and by page references may waive the requirements of this sec to appropriate parts of the record. An tion as to motions for extensions of time, such proposals, briefs, and memoranda and may rule upon such motions ex shall become a part of the record. parte.
(b) Recommended decision and filing (c) Oral argument. No oral argument of record. The hearing officer shall
, will be heard on motions except as other within 30 days after the expiration of the wise directed by the hearing officer of time allowed for the filing of proposed the Administrator. Written memoranda findings, conclusions, and order, or within or briefs may be filed with motions or such further time as the Administrator answers or objections thereto, stating the for good cause shall determine, file with points and authorities relied upon in and certify to the Administrator for de support of the position taken.
cision the entire record of the hearing, (d) Rulings on motions. Except as which shall include his recommended de i otherwise provided in this part, the hear cision, findings of fact, conclusions at ing officer shall rule upon all motions law, and proposed order, the transcript, properly addressed to him and upon such exhibits (including on request of any of other motions as the Administrator di the parties any exhibits excluded from rects. The Administrator shall rule upon evidence or tenders of proof), exceptions, all motions properly submitted to him rulings, and all briefs and memorands for decision;
filed in connection with the heartog (e) Appeal from rulings on motions. Promptly upon such filing the Adminis. All motions and answers or objections trator shall serve upon each party to the thereto and rulings thereon shall become proceeding a copy of the hearing oficer's a part of the record. Rulings of a hearing recommended decision, findings, concluofficer on any motion may not be ap sions and proposed order. The provisions ! pealed to the Administrator prior to his of this paragraph and $ 715.13 shall not consideration of the hearing oficer's apply, however, in any case where the recommended decision, findings, and hearing was held before the Adminis. conclusions except by special permission trator. of the Administrator; but such rulings
§ 715.13 Exceptions. shall be considered by the Administrator in reviewing the record. Requests to the (a) Filing. Within 15 days after service Administrator for special permission to of the recommended decision, findings appeal from such rulings of the hearing conclusions, and proposed order of the officer shall be filed promptly, in writing, hearing officer, or such further time as I and shall briefly state the grounds relied the Administrator for good cause shall upon. The moving party shall immedi determine any party (other than a party ately serve a copy thereof on every other who has not filed an answer in accordparty to the proceeding.
ance with paragraphs (a) and (c) of (f) Continuation of hearing. Unless $ 715.8, unless no answer was required otherwise ordered by the hearing officer of such party by the Administrator) may or the Administrator, the hearing shall
file with the Administrator exceptions be continued pending the determination
thereto or any part thereof, or to the tailof any motion by the Administrator. ure of the hearing officer to make any
recommendation, finding, or conclusion, § 715.12 Proposed findings and conclu.
or to the admission or exclusion of evt. sions and recommended decision.
dence, or other rulings of the hearing (a) Proposed findings and conclusions oficer, supported by such brief as may by parties. Each party to a hearing shall appear advisable. have a period of 15 days after service of (b) Waiver. Failure of a party to file the Administrator's notice of the filling exceptions to the recommended decision, and transmittal of the record as provided findings, conclusions, and proposed order in $ 715.9(g), or such further time as the of the hearing officer, or any portion hearing officer for good cause shall de thereof, or to his failure to adopt a pro
posed finding or conclusions, or to the ad shall notify the parties that the case has mission or exclusion of evidence or other been submitted to him for final deciruling of the hearing officer, within the sion. time prescribed in paragraph (a) of this section, shall be deemed a waiver of ob
$ 715.17 Decision of the Administrator. jection thereto.
Appropriate members of the staff of
the National Credit Union Administra$715.14 Briefs.
tion, who are not engaged in the per(a) Contents. All briefs shall be con formance of investigative or prosecuting fined to the particular matters in issue. functions in the case, or in a factually reEach exception or proposed finding or lated case, may advise and assist the Adconclusion which is briefed shall be sup ministrator in the consideration of the ported by a concise argument or by cita case and in the preparation of approprition of such statutes, decisions or other ate documents for its disposition. Copies authorities and by page references to of the decision and order of the Adminissuch portions of the record or recom trator shall be furnished to the Federal mended decision of the hearing officer as credit union concerned. may be relevant. If the exception relates to the admission or exclusion of evidence,
$ 715.18 Filing papers. the substance of the evidence admitted or Recommended decisions, exceptions, excluded shall be set forth in the brief briefs and other papers required to be with appropriate references to the filed with the Administrator in any protranscript.
ceeding shall be filed with the Adminis(b) Reply briefs. Reply briefs may be trator, National Credit Union Adminisfiled with the hearing officer within 10 tration, Washington, D.C. 20456. Any days after service of briefs and shall be such papers may be sent to the Adminisconfined to matters in original briefs of trator by mail but must be received in opposing parties. Further briefs may be the office of the Administrator in Washfiled only with the permission of the ington, D.C. or post marked by a post Administrator or the hearing officer, as office, within the time limit for such the case may be.
filing. (c) Delays. Briefs not filed on or be
§ 715.19 Service. fore the time fixed in this subpart will be received only upon special permission
(a) By the Administrator. All docuof the Administrator or the hearing
ments or papers required to be served by officer, as the case may be.
the Administrator upon any party af
forded a hearing shall be served by him 8715.15 Oral argument before the
or his duly authorized representative. Administrator.
Such service, except for service upon Upon his own initiative, or upon the counsel for the Administration, shall be written request of any party made within made by personal service or by registhe time prescribed for the filing of ex tered or certified mail, addressed to the ceptions, and briefs relative thereto, for last known address as shown on the recoral argument on the findings, conclu ords of such party: Provided, That if sions, and recommended decision of the there is no attorney or representative of hearing officer, the Administrator, if he record, such service shall be made upon considers that justice will best be served, such party at the last known address as may order the matter to be set down for shown on the records of the Administraoral argument before him. Oral argu
tion. Such service may also be made in ment before the Administrator shall be
such other manner reasonably calculated recorded.
to give actual notice as the Administrator
may by regulation or otherwise provide. 8715.16 Notice of submission to the
The provisions of this section are also Administrator.
applicable to service required in Subpart Upon filing of the record with the Ad A of this part. ministrator, and upon the expiration of (b) By the parties. Except as otherthe time for the filing of exceptions and wise expressly provided in this part, all all briefs, including reply briefs or any documents or papers filed in a proceedfurther briefs permitted by the Admin ing under this part shall be served by istrator and upon the hearing of oral ar the party filing the same upon the attorgument by the Administrator if ordered neys or representatives of record of all by the Administrator, the Administrator other parties to the proceeding, or, if any
party is not so represented, then upon cision of the hearing officer, exceptions such party. Such service may be made thereto, proposed findings or conclusion, by personal service or by registered or the findings and conclusions of the Adcertified mail addressed to the last known ministrator and other papers which a address of such parties, or their attor Aled in connection with any hearing neys or representatives of record. All such shall not be made public, and shall be for documents or papers shall, when ten the confidential use only of the Addered to the Administrator or hearing ministrator, the hearing officer, the pe. oficer for iling, show that such service ties and appropriate authorities. The has been made.
provisions of this section also apply to 2 $ 715.20 Copies.
papers concerned where the particular
Federal credit union elects to submit a Unless otherwise specifically provided written statement under $ 715.3(b) (I), in the notice of hearing, an original and seven copies of all documents and
8715.23 Formal requirements as to papers required or permitted to be filled or served upon the Administrator under (a) Form. All papers filed under this this part, except the transcript of testi subpart shall be printed, typewritten, « mony and exhibits, shall be furnished otherwise reproduced. All copies shall be to the Administrator.
clear and legible. & 715.21 Computing time.
(b) Signature. The original of 2]
papers filled by the Federal credit tinira (a) General rule. In computing any
shall be signed by an officer thereof, and period of time prescribed or allowed by
if filed by another party shall be signei this part, the date of the act, event or
by said party, or by the duly authorized default from which the designated pe
agent or attorney of the Federal credit riod of time begin to run is not to be in
union or other party, and in all such cluded. The last day so computed shall
cases shall show the signer's address be included, unless it is a Saturday, Sun
Counsel for the Administration shall sem day, or legal holiday in the District of
the original of all papers filed by him. Columbia (as Usted in rule 6(a) of the
(c) Caption. All papers filed must in Federal Rules of Civil Procedure), in
clude at the head thereof, or on & Hitle which event the period shall run until
page, the name of the Administration, the end of the next day which is neither
the name of the party, and the subject & Saturday, Sunday, nor such legal of the particular paper. holiday. Intermediate Saturdays, Sundays, and legal holidays shall be in Subpart C-Procedures Applicable to cluded in the computation unless the Immediate Suspension of Charter; time within which the act is to be per Cancellation of Charter formed is 10 days or less in which event Saturdays, Sundays, and legal holidays
8715.24 Scope. shall not be included.
This subpart prescribes the procedures (b) Service by mail. Whenever any to be used by the National Credit Uniou party has the right or is required to do Administration when immediate suspeole some act or take some proceeding, within sion of a Federal credit union's charter a period of time prescribed in this part, is necessary. Also contained is the pro after the service upon him of any docu vision for cancellation of the charter of ment or other paper of any kind, and a Federal credit union upon completion such service is made by mail, said period of the liquidation thereof. of time shall commence from the date
$ 715.25 Immediate suspension. shown on the return receipt and where Aling by the party so served is required,
(a) In any case where the Adminis... said filing shall be deemed timely if the
trator shall find that a Federal credit matter filed is postmarked within the
union is insolvent or that the interest time prescribed for such Aling.
its members require immediate action,
may order, without prior notice, the im8715.22 Documents in proceedings mediate suspension of the charter of the confidential.
Federal credit union concerned; and Unless and until otherwise ordered by the Administrator shall find that the the Administrator, the notice of intent interests of the members so warrant, bu to suspend or revoke, the notice of hear may take possession of all books, recorda Ing, the transcript, the recommended de assets, and property of every descriptica