§ 747.3 - Definitions.

§ 747.3 Definitions.

For purposes of this subpartpart, unless explicitly stated to the contrary:

(a) Administrative law judgeLaw Judge (ALJ) means one who presides at an administrative hearing under authority set forth at 5 U.S.C. 556.

(b) Adjudicatory proceeding means a proceeding conducted pursuant to this subpart these rules and leading to the formulation of a final order other than a regulation.

(c) Decisional employee means any member of the NCUA Board's or administrative law judgeALJ's staff who has not engaged in an investigative or prosecutorial role in a proceeding and who may assist the Agency NCUA Board or the administrative law judgeALJ, respectively, in preparing orders, recommended decisions, decisions, and other documents under the Uniform Rules.

(d) Electronic signature means affixing the equivalent of a signature to an electronic document filed or transmitted electronically.

(e) Enforcement Counsel means any individual who files a notice of appearance as counsel on behalf of the NCUA in an adjudicatory proceeding.

(

e

f) Final order means an order issued by the NCUA with or without the consent of the affected institution or the institution-affiliated party, that has become final, without regard to the pendency of any petition for reconsideration or review.

(

f

g) Institution includes:

(1) Any Federal credit union as that term is defined in section 101(1) of the Act (12 U.S.C. 1752(1)); and

(2) Any insured

state

State-chartered credit union as that term is defined in section 101(7) of the FCUA (12 U.S.C. 1752(7)).

(

g

h) Institution-affiliated party means any institution-affiliated party as that term is defined in section 206(r) of the Act (12 U.S.C. 1786(r)).

(

h

i) Local Rules means those rules promulgated by the NCUA in

the

subparts B through I of this part

other than subpart A of this part.

(i.

(j) NCUA means the National Credit Union Administration.

(k) NCUA Board means the National Credit Union Administration Board or a person delegated to perform the functions of the NCUA Board.

(l) OFIA means the Office of Financial Institution Adjudication,

which is

the executive body charged with overseeing the administration of administrative enforcement proceedings for the NCUA, the

Office of the Comptroller of the Currency (“OCC”), the

Board of Governors of the Federal Reserve System (

“Board”

Board of Governors), the Federal Deposit Insurance Corporation (

“FDIC”

FDIC), and the Office of

Thrift Supervision (“OTS”

the Comptroller of the Currency (OCC).

(

j

m) Party means the NCUA and any person named as a party in any notice.

(

k

n) Person means an individual, sole proprietor, partnership, corporation, unincorporated association, trust, joint venture, pool, syndicate, agency, or other entity or organization, including an institution as defined in paragraph (

f

g) of this section.

(

l

o) Respondent means any party other than the NCUA.

(

m

p) Uniform Rules means those rules in this subpart

A of this part

that are common to the NCUA, the

OCC, the

Board of Governors, the FDIC, and the

OTS

OCC.

(

n

q)Violation

includes any action (alone or with another or others) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation.

[56 FR 37767, Aug. 8, 1991; 57 FR 523, Jan. 7, 1992]

means any violation as that term is defined in section 3(v) of the Federal Deposit Insurance Act (12 U.S.C. 1813(v)).