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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 12 - Banks and Banking |
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Chapter X - Bureau of Consumer Financial Protection |
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Part 1081 - Rules of Practice for Adjudication Proceedings |
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Subpart B - Initiation of Proceedings and Prehearing Rules |
§ 1081.203 - Scheduling conference.
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§ 1081.203 Scheduling conference.
(a) Meeting of the parties before scheduling conference. As early as practicable before the scheduling conference described in paragraph (be) of this section, counsel for the parties shall must meet to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. The parties shall must also discuss and agree, if possible, on the matters set forth in paragraph (be) of this section.
(b) Scheduling conference disclosure. Within 20 After the meeting required in paragraph (a) of this section and at least seven days prior to the scheduling conference described in paragraph (e) of this section, the parties must exchange a scheduling conference disclosure, which must be signed by the party or by the party's attorney if one has appeared on behalf of the party. The scheduling conference disclosure must include:
(1) A factual summary of the case, a summary of all factual and legal issues in dispute, and a summary of all factual and legal bases supporting each defense; and
(2) The following information about the evidence that the party may present at the hearing other than solely for impeachment:
(i) The name, address, and telephone number of each witness, together with a summary of the witness's anticipated testimony; and
(ii) An identification of each document or other exhibit, including summaries of other evidence, along with a copy of each document or exhibit identified unless the document or exhibit has already been produced to the other party.
(c) Duty to supplement. A party must supplement or correct the scheduling conference disclosure in a timely manner if the party acquires other information that it intends to rely upon at a hearing.
(d) Failure to disclose - harmless error. In the event that information required to be disclosed in the scheduling conference disclosure is not disclosed, no rehearing or redecision of a proceeding already heard or decided will be required unless the other party establishes that the failure to disclose was not harmless error.
shall(e) Scheduling conference. Within 21 days of service of the notice of charges or such other time as the parties and hearing officer may agree, counsel for all parties
telephonemust appear before the hearing officer in person at a specified time and place or by
or telephone conferenceelectronic means for the purpose of scheduling the course and conduct of the proceeding. This meeting
shallis called a scheduling conference. At the scheduling conference, counsel for the parties
Dodd-Frank Actmust be prepared to address:
(1) Determination of the dates and location of the hearing, including, in proceedings under section 1053(b) of the
or notConsumer Financial Protection Act of 2010 (12 U.S.C. 5563(b)), whether the hearing should commence later than 60 days after service of the notice of charges, considering, among other factors, whether the respondent intends to file a dispositive motion or to seek the issuance of subpoenas;
(2) Simplification and clarification of the issues;
(3) Amendments to pleadings;
(4) Settlement of any or all issues;
(5) Production of documents as set forth in § 1081.206 and of witness statements as set forth in § 1081.207, and prehearing production of documents in response to subpoenas duces tecum as set forth in § 1081.208;
(6) Whether
move for summary disposition of any or all issuesthe parties intend to
deposition of witnesses pursuant to § 1081.209file dispositive motions;
(7) Whether the parties intend to seek the
issuance of subpoenas, the identity of any anticipated deponents or subpoena recipients, and a schedule for completing that discovery;
(8) A schedule for the exchange of expert reports and the taking of expert depositions, if any; and
(9) Such other matters as may aid in the orderly disposition of the proceeding.
c(
, in his or her discretion,f) Transcript. The hearing officer
his or hermay require that a scheduling conference be recorded by a court reporter. A transcript of the conference and any materials filed, including orders, becomes part of the record of the proceeding. A party may obtain a copy of the transcript at
that party's expense.
d(
fiveg) Scheduling order. At or within
shallseven days following the conclusion of the scheduling conference, the hearing officer
will serve on each party an order setting forth the date and location of the hearing and any agreements reached and any procedural determinations made.
e(
;h)Failure to appear
he or she, default. Any person who is named in a notice of charges as a person against whom findings may be made or sanctions imposed and who fails to appear, in person or through counsel, at a scheduling conference of which
the person has been duly notified may be deemed in default pursuant to § 1081.201(d)(1). A party may make a motion to set aside a default pursuant to § 1081.201(d)(2).
f(
shalli) Public access. The scheduling conference
shallwill be public unless the hearing officer determines, based on the standard set forth in § 1081.119(c), that the conference (or any part thereof)
should be closed to the public.