Other Fields
Agency Scheme: 
NCUABDAP0002
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): 
Presiding Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

NCUA adjudications that do not require a hearing in compliance with the APA are generally heard before the NCUA Board or a Presiding Officer appointed by the Board. Based on the hearing record, the Presiding Officer presents a recommendation to the Board, which makes the final determination.

The party may request an informal hearing at which he or she may present evidence and argument. The hearing is held before a Presiding Officer appointed by the Board; the Presiding Officer makes a recommendation to the Board, who then renders a final decision. Alternately, the concerned party may waive the hearing and elect to have the Board make its determination based on written submissions.

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)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
12 CFR 747 Subparts D, L, M
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
Yes (All Types of Cases)
Are ex parte contacts prohibited?: 
No
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: 
Required by Rule
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
In an in-person hearing, witness testimony is permitted at the hearing officer's discretion; this question is inapplicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
In an in-person hearing, cross-examination is permitted; 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)
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): 
60 days
Is judicial review available after issuance of a final decision?: 
No
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?: 
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): 
12 CFR 747.307(c)
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
"Any notice of the opportunity for such a hearing shall be accompanied by a description of the hearing procedure and the criteria to be considered." 12 CFR 747.306(a)
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified