Other Fields
Agency Scheme: 
NCUABDAP0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Board
Name of Hearing Office (global name): 
National Credit Union Administration: Board
Hearing Officer #1 (Title): 
NCUA Board Members
Hearing Officer #2 (Title): 
Administrative Law Judge
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

NCUA regulations provide for a formal adjudication hearing for disputes over some NCUA determinations. Formal hearings are conducted in accordance with the APA by an ALJ at the Office of Financial Institution Adjudication. Based on the hearing record, the adjudicating ALJ presents a recommended decision to the NCUA Board, which makes a final determination.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR Subparts A (747.1-747.41), C, E & G
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Discovery is permitted only through the production of documents, or the deposition of a person producing documents pursuant to a document subpoena (questions limited to identification of documents produced and whether the search for the documents was adequate). A party may obtain document discovery regarding any matter, not privileged, that has material relevance to the merits of the pending action.
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
Required by Rule
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
Generally the ALJ presides; however, the NCUA Board also may preside over the case.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted at in-person hearings; this question is inapplicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross examination is permitted at in-person hearings; this question is inapplicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
The NCUA Board must render its final decision within 90 days after notifying the parties that the case has been submitted for final decision (within 90 days after oral argument before the Board), unless the action is remanded for further proceedings.
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (Some Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
NCUA posts board appeal decisions dating back to 1994, with redactions made for personal privacy, in accord with exemption (b) (6) of Freedom of Information Act (FOIA).
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
12 CFR 747.38(a)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The Board may review a ruling of an ALJ prior to the certification of the record to the Board (i.e., it may exercise interlocutory review of a ruling of an ALJ). See 12 CFR 747.28 The ALJ has the power to recommend, and the Board has the power to issue, a final order granting a motion for summary disposition if the undisputed pleaded facts, admissions, affidavits, stipulations, documentary evidence, matters as to which official notice may be taken, and any other evidentiary materials properly submitted demonstrate that there is no genuine issue as to any material fact and the moving party is entitled to a decision as a matter of law. See 12 CFR 747.29 A party may submit a post-ALJ hearing brief proposing findings of fact and conclusions of law. See 12 CFR 747.37
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Is ADR a mandatory or voluntary process?: 
Varies by Case
If "Varies by Case," please describe:: 
ADR is available at the discretion of the Board in claims submitted by creditors against a liquidated credit union (12 CFR 709.8). ADR does not appear to be available in any other case type.
What type(s) of ADR are available?: 
Mediation
Arbitration
Other
If "Other," please specify:: 
Written appeal to the Board (12 CFR 709.8 (c)(1)).
Who conducts the ADR?: 
Agency Program Official
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 CFR 709.8(c)
Verified by Agency: 
Not verified