Part 263 - Rules of Practice for Hearings  


Subpart A - Uniform Rules of Practice and Procedure
§ 263.1 - Scope.
§ 263.2 - Rules of construction.
§ 263.3 - Definitions.
§ 263.4 - Authority of the Board.
§ 263.5 - Authority of the administrative law judge (“ALJ”).
§ 263.6 - Appearance and practice in adjudicatory proceedings.
§ 263.7 - Good faith certification.
§ 263.8 - Conflicts of interest.
§ 263.9 - Ex parte communications.
§ 263.10 - Filing of papers.
§ 263.11 - Service of papers.
§ 263.12 - Construction of time limits.
§ 263.13 - Change of time limits.
§ 263.14 - Witness fees and expenses.
§ 263.15 - Opportunity for informal settlement.
§ 263.16 - The Board's right to conduct examination.
§ 263.17 - Collateral attacks on adjudicatory proceeding.
§ 263.18 - Commencement of proceeding and contents of notice.
§ 263.19 - Answer.
§ 263.20 - Amended pleadings.
§ 263.21 - Failure to appear.
§ 263.22 - Consolidation and severance of actions.
§ 263.23 - Motions.
§ 263.24 - Scope of document discovery.
§ 263.25 - Request for document discovery from parties.
§ 263.26 - Document subpoenas to nonparties.
§ 263.27 - Deposition of witness unavailable for hearing.
§ 263.28 - Interlocutory review.
§ 263.29 - Summary disposition.
§ 263.30 - Partial summary disposition.
§ 263.31 - Scheduling and prehearing conferences.
§ 263.32 - Prehearing submissions.
§ 263.33 - Public hearings.
§ 263.34 - Hearing subpoenas.
§ 263.35 - Conduct of hearings.
§ 263.36 - Evidence.
§ 263.37 - Post-hearing filings.
§ 263.38 - Recommended decision and filing of record.
§ 263.39 - Exceptions to recommended decision.
§ 263.40 - Review by the Board.
§ 263.41 - Stays pending judicial review.
Subpart B - Board Local Rules Supplementing the Uniform Rules
§ 263.50 - Purpose and scope.
§ 263.51 - Definitions.
§ 263.52 - Address for filing.
§ 263.53 - Discovery depositions.
§ 263.54 - Delegation to the Office of Financial Institution Adjudication.
§ 263.55 - Board as Presiding Officer.
§ 263.56 - Initial licensing proceedings.
§ 263.57 - Sanctions relating to conduct in an adjudicatory proceeding.
Subpart C - Rules and Procedures for Assessment and Collection of Civil Money Penalties
§ 263.60 - Scope.
§ 263.61 - Opportunity for informal proceeding.
§ 263.62 - Relevant considerations for assessment of civil penalty.
§ 263.63 - Assessment order.
§ 263.64 - Payment of civil penalty.
§ 263.65 - Civil money penalty inflation adjustments.
Subpart D - Rules and Procedures Applicable to Suspension or Removal of an Institution-Affiliated Party Where a Felony is Charged or Proven
§ 263.70 - Purpose and scope.
§ 263.71 - Notice or order of suspension, removal, or prohibition.
§ 263.72 - Request for informal hearing.
§ 263.73 - Order for informal hearing.
§ 263.74 - Decision of the Board.
Subpart E - Procedures for Issuance and Enforcement of Directives To Maintain Adequate Capital
§ 263.80 - Purpose and scope.
§ 263.81 - Definitions.
§ 263.82 - Establishment of minimum capital levels.
§ 263.83 - Issuance of capital directives.
§ 263.84 - Enforcement of directive.
§ 263.85 - Establishment of increased capital level for specific institutions.
Subpart F - Practice Before the Board
§ 263.90 - Scope.
§ 263.91 - Censure, suspension or debarment.
§ 263.92 - Definitions.
§ 263.93 - Eligibility to practice.
§ 263.94 - Conduct warranting sanctions.
§ 263.95 - Initiation of disciplinary proceeding.
§ 263.96 - Conferences.
§ 263.97 - Proceedings under this subpart.
§ 263.98 - Effect of suspension, debarment or censure.
§ 263.99 - Petition for reinstatement.
Subpart G - Rules Regarding Claims Under the Equal Access to Justice Act
§ 263.100 - Authority and scope.
§ 263.101 - Standards for awards.
§ 263.102 - Prevailing party.
§ 263.103 - Eligibility of applicants.
§ 263.104 - Application for awards.
§ 263.105 - Statement of net worth.
§ 263.106 - Measure of awards.
§ 263.107 - Statement of fees and expenses.
§ 263.108 - Responses to application.
§ 263.109 - Further proceedings.
§ 263.110 - Recommended decision.
§ 263.111 - Action by the Board.
Subpart H - Issuance and Review of Orders Pursuant to Prompt Corrective Action Provisions of the Federal Deposit Insurance Act
§ 263.201 - Scope.
§ 263.202 - Directives to take prompt regulatory action.
§ 263.203 - Procedures for reclassifying a state member bank based on criteria other than capital.
§ 263.204 - Order to dismiss a director or senior executive officer.
§ 263.205 - Enforcement of directives.
Subpart I - Submission and Review of Safety and Soundness Compliance Plans and Issuance of Orders To Correct Safety and Soundness Deficiencies
§ 263.300 - Scope.
§ 263.301 - Purpose.
§ 263.302 - Determination and notification of failure to meet safety and soundness standard and request for compliance plan.
§ 263.303 - Filing of safety and soundness compliance plan.
§ 263.304 - Issuance of orders to correct deficiencies and to take or refrain from taking other actions.
§ 263.305 - Enforcement of orders.
Subpart J - Removal, Suspension, and Debarment of Accountants From Performing Audit Services
§ 263.400 - Scope.
§ 263.401 - Definitions.
§ 263.402 - Removal, suspension, or debarment.
§ 263.403 - Automatic removal, suspension, and debarment.
§ 263.404 - Notice of removal, suspension, or debarment.
§ 263.405 - Petition for reinstatement.
Subpart K - Formal Investigative Proceedings
§ 263.450 - Scope.
§ 263.451 - Definitions.
§ 263.452 - Conduct of a formal investigative proceeding.
§ 263.453 - Powers of the designated representative.
§ 263.454 - Confidentiality of proceedings.
§ 263.455 - Transcripts.
§ 263.456 - Rights of witnesses.
§ 263.457 - Subpoenas.
Appendix A to Part 263 - —Rules Applicable to Proceedings Initiated Before April 1, 2024