Regulations/rules of practice for hearings (please include CFR citations):
12 C.F.R. § 5.51
Is discovery permitted by either party at the hearing-level stage?:
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
Yes (All Types of Cases)
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
How is the type of hearing selected:
Required by Rule
Please describe:
See 12 C.F.R. § 5.51(f).
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
N/A (Document-Only Hearings)
Can parties cross-examine witnesses?:
N/A (Document-Only Hearings)
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
N/A (Document-Only Hearings)
Are hearings open to the public?:
N/A (Document-Only Hearing)
Who typically drafts the decision at the hearing-level stage?:
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):
A 2009 agency manual states that the hearing official informs the candidate/bank of the decision normally within 45 calendar days of receipt of the appeal. See Comptroller's Licensing Manual, Changes in Directors and Senior Executive Officers (Oct. 2009), pgs. 7, 14, <http://www.occ.gov/publications/publications-by-type/licensing-manuals/ChangesinDirectorSEO.pdf>.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
45 Days
Is judicial review available after issuance of a final decision?:
No
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 provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
Estimate regarding length of time to adjudicate claims/cases at the hearing level is based on an October 2009 manual. This estimate is not based on FY2012, as the question asks. See Comptroller's Licensing Manual, Changes in Directors and Senior Executive Officers (Oct. 2009), pg. 7, <http://www.occ.gov/publications/publications-by-type/licensing-manuals/ChangesinDirectorSEO.pdf>.
Is ADR available at one or more points during the hearing process?:
No
Verified by Agency:
Not verified