Other Fields
Agency Scheme: 
FRSXOFIA0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Federal Institution Adjudication
Name of Hearing Office (global name): 
Board of Governors of the Federal Reserve System: Office of Financial Institution Adjudication
Hearing Officer #1 (Title): 
Administrative Law Judge
Hearing Officer #2 (Title): 
Board of Governors
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

The Office of Financial Institution Adjudication (OFIA) hears cases for several financial institutions, including the Federal Reserve System. ALJs at OFIA hear cases under a number of Federal Reserve System statutes, as listed in 12 CFR 263.1 and 263.50.

Once the hearing is complete, the administrative law judge at OFIA files a recommended opinion and decision with the Federal Reserve Board of Governors for final determination. Parties have the opportunity to take exception to the administrative law judge's decision or parts of the opinion, and can request an oral hearing (which the Board may deny). The Board issues the final agency decision.

The Board of Governors "in its discretion" may also designate itself or one of its members as the hearing officer (12 CFR 263.54-55), thus circumventing OFIA. The CFR refers to the hearings in this scheme as "formal," and designates a second set of hearings as informal (See FRSXBOAR0002).

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 263
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.): 
Parties may request document production and conduct depositions (12 CFR 263.24, 263.53), but interrogatories are not permitted. Parties may discover documents regarding "any matter, not privileged, that has material relevance to the merits of the pending action" (12 CFR 263.24(b)).
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)
How far in advance of the hearing date is notice typically provided?: 
10 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: 
Depends on Nature of Case/Claim
Please describe: 
Hearings are typically oral; however, in cases of civil money penalty proceedings, respondents must file a request for a hearing (12 CFR 263.19).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted at in-person hearings: "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 relevant for 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 not relevant for document only hearings.
Are hearings recorded and/or transcribed?: 
Yes
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
In person hearings are Presumed Open (But May be Closed Under Certain Circumstances). This question is not relevant for document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Program Official
If "Other," please specify (drafts): 
The hearing officer, the ALJ, drafts a recommended opinion and decision, and sends it to the Federal Reserve Board of Governors for certification. The Board of Governors may hear additional oral arguments (or may decline to do so), and drafts the final decision.
Who has authority to issue final decisions?: 
Program Official
If "Other," please specify: 
The Federal Reserve Board of Governors has the authority to issue final decisions.
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 ALJ must issue a recommended decision within 45 days after the time allowed for filing post-hearing reply briefs has expired (12 CFR 263.38). The parties then have 30 days to file an exception to the recommended decision (12 CFR 263.39). At that time, either the Board of Governors must notify the parties that the proceeding has been submitted for final decision, or they may hold oral arguments. The Board has 90 days from either this notification or from oral arguments, whichever is later, to issue its decision (12 CFR 263.40).
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?: 
No
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 263.38(b)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
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)
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
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
If "Varies by Case," please describe:: 
See 12 CFR 263.15. A respondent may "at any time in the proceeding" request settlement.
If "Other," please specify:: 
The investigator tries to help the parties reach a "mutually satisfactory resolution" through "mediation and other appropriate means" 12 CFR 269b.240(a).
If "Other," please specify:: 
The CFR requires that an aggrieved person contact a "Counselor," but does not define Counselor (12 CFR 268.104).
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 CFR 269b.210-240
Verified by Agency: 
Not verified