Other Fields
Agency Scheme: 
FRSXBOAR0002
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Board of Governors
Name of Hearing Office (global name): 
Board of Governors of the Federal Reserve System: Board of Governors
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

In addition to the formal hearings listed in FRSXOFIA0001, the Federal Reserve Board of Governors also conducts informal hearings. These hearings provide for oral argument (discretionary on behalf of the Board) and limited discovery. The CFR provides relatively few details about hearing procedures, though the CFR explicitly states that neither the APA nor the Uniform Rules of Practice and Procedure (applicable in formal FRS hearings) apply (See, e.g., 12 CFR 263.204(d))

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?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 263.73, 12 CFR 263.203, 12 CFR 263.204, 12 CFR 263.402.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Depositions are allowed in some case types See 12 CFR 263.73, citing to 263.53. In this case type, deposition procedures for formal hearings are applicable to informal hearings. In other case types (See 12 CFR 263.203 and 204), procedure for discovery is not specified. In 12 CFR 263.402, no discovery is permitted.
Does the hearing officer have subpoena authority?: 
Yes (Some Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?: 
30 Days
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 Agency
Depends on Nature of Case/Claim
Please describe: 
When the private party submits a written request for an oral hearing to the Board of Governors, the party may also request an oral hearing (See 12 CFR 263.72; 12 CFR 263.203; 12 CFR 263.204; 12 CFR 263.402) This question is not applicable to document-only hearings.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
"The institution-affiliated party may introduce oral testimony and present witnesses only if expressly authorized by the Board or the Secretary" (12 CFR 263.73). See similar language at 12 CFR 263.203(a)(7)(i); 12 CFR 263.204(d)(1); 12 CFR 263.402(c)(iii)(4). This question is not applicable to document-only hearings.
Are hearings recorded and/or transcribed?: 
Yes
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions?: 
Program Official
If "Other," please specify: 
The presiding officer makes a recommendation to the Board, which issues a final decision.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The Board will make a decision "not later than 60 calendar days after the date the record is closed or the date of the response in a case where no hearing was requested." (12 CFR 263.203(a)(9)). See also 12 CFR 263.74(a); 12 CFR 263.204(g) for similar language. A slightly different procedure and timeline (10 days for a petition for review and 60 days for Board certification) can be found in 12 CFR 263.402(c)(iii)(6).
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?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
"The presiding officers may order the record to be kept open for a reasonable period following the hearing (normally five business days), during which time additional submissions to the record may be made. Therafter, the record shall be closed" (12 CFR 263.73). See also 12 CFR 263.203(a)(7)(iii); 12 CFR 263.204(d)(3)
Verified by Agency: 
Not verified