This is a formal adjudication scheme based on proceedings conducted on the record after an opportunity to be heard. Proceedings usually start by issuance of a notice by the Comptroller (containing statement of facts, proposed order, hearing details, etc.). An ALJ who is assigned to the Office of Financial Institution Adjudication (OFIA) -- the inter-agency body charged with overseeing administrative enforcement proceedings for the OCC, the Board of Governors of the Federal Reserve System, the FDIC, and the NCUA -- hears the case. The ALJ issues a "recommended" decision. Parties can file exceptions to the ALJ's recommended decision (or evidentiary decisions). The Comptroller issues the final decision/order based on the entire record. There may be oral argument before the Comptroller.
Scheme Nickname:
Comptroller ALJ processes
Comments/Notes on Adjudication Structure:
The Comptroller may, at any time during the pendency of a proceeding, perform, direct the performance of, or waive performance of, any act which could be done or ordered by the ALJ. 12 C.F.R. ยง 19.4.
Types of Adjudication:
Type A
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes