Other Fields
Agency Scheme: 
OCCXLCNS0003
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Unknown (Licensing)
Name of Hearing Office (global name): 
Office of the Comptroller of the Currency: Unknown (Licensing)
Hearing Officer #1 (Title): 
Presiding officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

An appointed "presiding officer" hears the case, then the OCC makes a decision. An aggrieved bank may appeal that decision either to the Deputy Comptroller for Licensing or to the Ombudsman.

If the Deputy Comptroller for Licensing is conflicted in a licensing appeal case, then that appeal is transferred to the agency's Chief Counsel. 12 C.F.R. § 5.13(f).

PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
12 C.F.R. §§ 5.3 – 5.13
Other published guidance for hearings (if any): 
http://www.occ.gov/publications/publications-by-type/licensing-manuals/index-licensing-manuals.html
PROCESS & PROCEDURE - Pre-Hearing Procedure
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.): 
Does the hearing officer have subpoena authority?: 
No
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: 
By Agency
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: 
Witness testimony is subject to hearing officer discretion for in-person cases. This question is not applicable to document only hearings.
Can parties cross-examine witnesses?: 
Adjudication Officer Discretion
If "Varies by Case," please describe: 
Cross examination is subject to hearing officer discretion for in-person cases. This question is not applicable 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?: 
Varies by Case
If "Varies by Case," please describe: 
For in-person hearings, hearings are open to the public. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
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: 
The OCC will issue a public decision when a decision represents a new or changed policy or presents issues of general interest to the public or the banking industry. 12 C.F.R. § 5.13(e).
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): 
See 12 C.F.R. § 5.11(h). At the applicant's or participant's request, the OCC may keep the hearing record open for up to 14 days following the OCC's receipt of the transcript.
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
The presiding officer "is responsible for all procedural questions not governed by this section." 12 C.F.R. § 5.11(d)(2).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Settlement Conference
If "Other," please specify:: 
The OCC may arrange a private meeting with an applicant or other interested parties (or both), to clarify and narrow the issues and to facilitate the resolution of the issues. 12 C.F.R. 5.11(i)(2).
Who conducts the ADR?: 
Agency Counsel
Regulations/rules of practice governing ADR process (please include CFR citations): 
12 C.F.R. § 5.11(i)(2).
Verified by Agency: 
Not verified