[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20330-20338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10331]
[[Page 20329]]
_______________________________________________________________________
Part II
Department of the Treasury
Office of the Comptroller of the Currency
12 CFR Part 19
Federal Reserve System
12 CFR Part 263
Federal Deposit Insurance Corporation
12 CFR Part 308
Department of the Treasury
Office of Thrift Supervision
12 CFR Part 509
_______________________________________________________________________
Uniform Rules of Practice and Procedure; Final Rules
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and
Regulations
[[Page 20330]]
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 19
[Docket No. 96-10]
RIN 1557-AB43
Uniform Rules of Practice and Procedure
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Final rule.
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SUMMARY: The Office of the Comptroller of the Currency (OCC) is
amending its regulatory provisions implementing the Uniform Rules of
Practice and Procedure (Uniform Rules) and the OCC's agency-specific
rules of administrative practice and procedure (Local Rules).
The final rule is intended to clarify certain provisions and to
increase the efficiency and fairness of administrative hearings. The
final rule is another component of the OCC's Regulation Review Program.
EFFECTIVE DATE: June 5, 1996.
FOR FURTHER INFORMATION CONTACT: Daniel Stipano, Director, Enforcement
and Compliance Division, 202-874-4800, or Daniel Cooke, Attorney,
Legislative and Regulatory Activities, Division, 202-874-5090, Office
of the Comptroller of the Currency, 250 E Street, SW, Washington, DC
20219.
SUPPLEMENTARY INFORMATION:
Background
Section 916 of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989 (FIRREA), Pub. L. 101-73, 103 Stat. 183 (1989),
required the OCC, The Office of Thrift Supervision (OTS), the Federal
Deposit Insurance Corporation (FDIC), the Board of Governors of the
Federal Reserve System (Board), and the National Credit Union
Administration (NCUA) (agencies) to develop uniform rules and
procedures for administrative hearings. The agencies each adopted final
Uniform Rules in August, 1991.1 Based on their experience in using
the rules since then, the agencies have identified sections of the
Uniform Rules that should be modified. Accordingly, the agencies
proposed amendments to the Uniform Rules on June 23, 1995 (60 FR
32882). The OCC also proposed amendments to its Local Rules.
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\1\ The agencies issued a joint notice of proposed rulemaking
on, June 17, 1991 (56 FR 27790). The agencies issued their final
rules on the following dates: OCC on August 9, 1991 (56 FR 38024);
Board on August 9, 1991 (56 FR 38052); FDIC on August 9, 1991 (56 FR
37975); OTS on August 12, 1991 (56 FR 38317); and NCUA on August 8,
1991 (56 FR 37767).
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The OCC received two comments on the proposal. Both commenters
generally supported the proposal, but each suggested improvements.
The final rule implements the proposal with certain changes,
including revisions responsive to some of the concerns expressed by the
commenters. The following section-by-section analysis summarizes the
final rule and highlights the changes from the proposal that the OCC
made in response to the commenters' suggestions.
The OTS, FDIC, Board, and NCUA are publishing separate final rules
that are substantively identical to the OCC's final rule.
Section-by-Section Summary and Discussion of Amendments to the Uniform
Rules
Section 19.1 Scope
The proposal added two statutory provisions to the list of civil
money penalty provisions to which the Uniform Rules apply. The two
provisions were enacted by the Riegle Community Development and
Regulatory Improvement Act of 1994 (CDRI), Pub. L. 103-325, 108 Stat.
2160.
The first provision, CDRI section 406, amended the Bank Secrecy Act
(BSA) (31 U.S.C. 5321) to require the Secretary of the Treasury to
delegate authority to the Federal banking agencies (as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) to
impose civil money penalties for BSA violations.
The second, CDRI section 525, amended section 102 the Flood
Disaster Protection Act of 1973 (FDPA) (42 U.S.C. 4012a). Section 102
now gives each ``Federal entity for lending regulation'' authority to
assess civil money penalties against a regulated lending institution if
the institution has a pattern or practice of committing violations
under the FDPA or the notice requirements of the National Flood
Insurance Act of 1968 (NFIA) (42 U.S.C. 4104a). Under the FDPA, the
term ``Federal entity for lending regulation'' includes the agencies
and the Farm Credit Administration.
CDRI section 525 also gave the agencies authority to require a
regulated lending institution to take remedial actions that are
necessary to ensure that the institution complies with the requirements
of the national flood insurance program if: (1) the institution has
engaged in a pattern and practice of noncompliance with regulations
issued pursuant to the FDPA and NFIA; and (2) has not demonstrated
measurable improvement in compliance despite the assessment of civil
money penalties. The final rule adds a new paragraph to the scope
section that reflects this additional authority.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.6 Appearance and Practice in Adjudicatory Proceedings
The proposal permitted the administrative law judge (ALJ) to
require counsel who withdraws from representing a party to accept
service of papers for that party until either: (1) a new counsel has
filed a notice of appearance; or (2) the party indicates that he or she
will proceed on a pro se basis.
The OCC received one comment on this section. The commenter
suggested that the proposal did not adequately address certain
situations: for example, when counsel withdraws because of a lack of
payment of legal fees that is caused by an agency asset freeze, or
withdraws because the client discharged him or her. The commenter's
implication is that it is unfair to require counsel to continue to
accept service in these situations. Moreover, the commenter expressed
concern that the administrative proceeding may become involved in a
dispute between the client and counsel when the ALJ requires counsel to
continue to accept service after a client discharges counsel. The
commenter suggested that the rule should require that service be given
to both the unreplaced counsel and the party.
The proposal was intended to ensure that a lawyer is always
available to receive service in order to prevent a party from halting
the administrative proceedings simply by evading service. The
regulatory text is clear, however, that the ALJ has the discretion
whether to require former counsel to continue to accept service.
Fairness to counsel is among the factors the ALJ would consider in
exercising this discretion, and the OCC therefore believes that the
provision as proposed is sufficiently flexible to accommodate the
concerns raised by the commenter.
The final rule changes the proposal's reference from ``service of
process'' to ``service'' to clarify that this section applies to all
papers that the party is entitled to receive. This section is otherwise
adopted as proposed.
Section 19.8 Conflicts of Interest
The proposal sought to improve in two ways the provisions governing
the
[[Page 20331]]
conflicts of interest that may arise when counsel represents multiple
persons connected with a proceeding.
First, the proposal sought to protect the interests of individuals
and financial institutions by expanding the circumstances under which
counsel must certify that he or she has obtained a waiver from each
non-party of any potential conflict of interest. The former rule
required counsel to obtain waivers only from non-party institutions
``to which notice of the proceedings must be given.'' The proposal
required counsel to obtain waivers from all parties and non-parties
that counsel represents on a matter relevant to an issue in the
proceeding. It thus ensured that all appropriate party and non-party
individuals and institutions are informed of potential conflicts.
Second, the proposal simplified this provision by eliminating the
requirement for counsel to certify that each client has asserted that
there are no conflicts of interest. The OCC believes that the former
provision was superfluous because the responsibility for identifying
potential conflicts resides with counsel.
The OCC received one comment on this section. The commenter noted
that the proposal may inhibit multiple representation that otherwise
complies with applicable ethics rules. The commenter suggested that the
proposal could inappropriately tilt the proceeding in favor of the
agencies.
The provision does not limit the right of any party to
representation by counsel of the party's choice. Rather, it ensures
that all interested persons are informed of potential conflicts so that
they may avoid the conflict if they choose. In the OCC's view, it is
reasonable to establish a baseline standard requiring the affirmative
waiver of conflicts by all affected persons or entities in order to
ensure the integrity of the administrative adjudication process. State
rules of professional responsibility that impose more stringent ethical
standards are unaffected by this requirement.
In addition, the OCC is unpersuaded by the argument that the
conflicts provision grants the agencies significant advantage in a
proceeding. Persons and entities may be well and vigorously represented
even if they are not all represented by the same counsel.
Therefore, the OCC adopts this section as proposed.
Section 19.11 Service of Papers
The proposal changed this section by permitting parties, the
Comptroller, and ALJs to serve a subpoena on a party by delivering it
to a person of suitable age and discretion at a party's place of work.
The OCC received one comment on this section. The commenter
supported the intent of the proposal, but asserted that the provision
permitting service at a person's place of work was too broad to be
effective, particularly where a bank has numerous branches.
The OCC interpreted the phrase ``person's place of work'' as used
in the proposal to mean the physical location at which an individual
works and not as any office of the corporation or association that
employs the person. To avoid confusion, the OCC has added specific
reference to physical location to the regulatory text. In addition, the
final rule states expressly that only an individual, not a corporation
or association, may be served at a residence or place of work.
The same comment points out, however, that the former Uniform Rules
did not expressly permit certain methods of service that are useful for
serving a corporation or other association. The final rule, therefore,
permits service on a party corporation or other association by delivery
of a copy of a notice to an officer, managing or general agent, or to
any other agent authorized by appointment or by law to receive service
of process. The final rule also provides that, if the agent is one
authorized by a statute to receive service and the statute so requires,
the serving party must also mail a copy to the party. The final rule
also restructures this provision for clarity.
Section 19.12 Construction of Time Limits
The proposal clarified that the additional time allotted for
responding to papers served by mail, delivery service, or electronic
media transmission under Sec. 19.12(c) is not included in determining
whether an act is required to be performed within ten days. The
proposal also clarified that additional time allotted for responding to
papers served by mail, delivery, or electronic media transmission is
counted by calendar days and, therefore, a party must count Saturdays,
Sundays, and holidays when calculating a time deadline.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.20 Amended Pleadings
The proposal changed this section to permit a party to amend its
pleadings without leave of the ALJ and to permit the ALJ to admit
evidence over the objection that the evidence does not fall directly
within the scope of the issues raised by a notice or answer.
The OCC received one comment on this section. The commenter
asserted that the change could unduly prejudice a party if a notice
were amended to add or delete allegations immediately prior to the
hearing. The commenter expressed concern that the amendment would give
a party insufficient time to seek additional discovery or file for
summary judgment.
The regulatory text gives the ALJ discretion to revise the hearing
schedule to ensure that no prejudice results from last minute
amendments to a notice. The OCC believes this approach is adequate to
avoid prejudice to a party and, therefore, the OCC adopts this section
as proposed.
Section 19.24 Scope of Document Discovery
The former Uniform Rules were silent on the use of interrogatories.
The proposal expressly prohibited parties from using interrogatories on
grounds that other discovery tools are more efficient and less
burdensome and therefore more appropriate to administrative
adjudications.
The proposal also sought to focus document discovery requests so
that they are not unreasonable, oppressive, excessive in scope, or
unduly burdensome to any of the parties.
Accordingly, the proposal preserved the former rule's limitation on
document discovery by permitting discovery only of documents that have
material relevance. However, the proposal specifically provided that a
request should be considered unreasonable, oppressive, excessive in
scope, or unduly burdensome if, among other things: (1) it fails to
include justifiable limitations on the time period covered and the
geographic locations to be searched; (2) the time provided to respond
in the request is inadequate; or (3) the request calls for copies of
documents to be delivered to the requesting party and fails to include
the requestor's written agreement to pay in advance for the copying, in
accordance with Sec. 19.25.
Under the proposal, the scope of permissible document discovery is
not as broad as that allowed under Federal Rule of Civil Procedure
26(b) (28 U.S.C. app.). Historically, given the specialized nature of
enforcement proceedings in regulated industries, discovery in
administrative proceedings has not been as expansive as it is in civil
litigation.
The OCC received no significant comments on this section and,
therefore, adopts it as proposed.
[[Page 20332]]
Section 19.25 Request for Document Discovery From Parties
The OCC proposed several changes to Sec. 19.25. First, the proposal
sought to reduce unnecessary burden by permitting a party to: (1)
respond to document discovery either by producing documents as they are
kept in the ordinary course of business or by organizing them to
correspond to the categories in a document request; and (2) identify
similar documents by category when they are voluminous and are
protected by the deliberative process, attorney-client, or attorney
work-product privilege.
The proposal also amended Sec. 19.25 to permit a party to require
payment in advance for the costs of copying and shipping requested
documents; and clarified that, if a party has stated its intention to
file a timely motion for interlocutory review, the ALJ may not release,
or order a party to produce, documents withheld on grounds of privilege
until the motion for interlocutory review has been decided.
The OCC received two comments on this section. One commenter sought
guidance on when, how, and to whom a party must express an
``intention'' to file a timely motion for interlocutory review.
Because it is the ALJ who may not release or order a party to
produce documents, it was implicit in the proposed regulatory text that
a party must make the intention to seek interlocutory review known to
the ALJ. For clarity, the final rule adds language to this effect.
Another commenter suggested that a request for interlocutory review
should automatically stay the proceeding.
Under Sec. 19.28(d) of the Uniform Rules, a party may request that
a proceeding be stayed during the pendency of an interlocutory review,
and the ALJ has the discretion to decide whether a stay is appropriate.
The OCC believes that this procedure adequately protects the parties.
For this reason and to avoid adding unnecessary delays in the
administrative proceedings, the OCC declines to provide for an
automatic stay whenever a party requests interlocutory review.
One commenter asserted that permitting the OCC to require payment
in advance for document copying and shipping costs would give the OCC
an advantage over other creditors if the party is bankrupt following
the administrative hearing. The commenter does not assert that it is a
violation of the bankruptcy laws for the OCC or any other creditor to
require prepayment for products or services. Moreover, the OCC believes
that the situations causing the commenter's concern would be very rare.
Accordingly, the OCC adopts this section as proposed.
Section 19.27 Deposition of Witness Unavailable for Hearing
The proposal clarified that a party may serve a deposition subpoena
on a witness who is unavailable by serving the subpoena on the
witness's authorized representative. The final rule does not include
this proposed change because, in Sec. 19.11(d), the final rule
expressly permits a party to serve a subpoena by delivering the
subpoena to an agent, which includes delivery to an authorized
representative. The proposed change to Sec. 19.27 would be redundant.
The OCC received no comments on this section. The final rule does not,
therefore, change this provision.
Section 19.33 Public Hearings
The proposal changed this section to specify that a party must file
a motion for a private hearing with the Comptroller, and not the ALJ,
but must serve the ALJ with a copy of the motion.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.34 Hearing Subpoenas
The former Uniform Rules did not specifically require that a party
inform all other parties when a subpoena is issued to a non-party. The
proposal required that, after a hearing subpoena is issued by the ALJ,
the party that applied for the subpoena must serve a copy of it on each
party. Under the proposal, any party may move to quash any hearing
subpoena and must serve the motion on each other party.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.35 Conduct of Hearings
The proposal limited the number of counsel permitted to examine a
witness and clarified that hearing transcripts may be obtained only
from the court reporter. The former Uniform Rules were silent on these
issues.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.37 Post-Hearing Filings
The proposal changed the title of this section from ``Proposed
findings and conclusions'' to ``Post-hearing filings'' to describe more
accurately the content of the section.
The proposal also moved, from Sec. 19.35(b) to Sec. 19.37(a), the
provision that requires the ALJ to serve each party with notice of the
filing of the certified transcript of the hearing (including hearing
exhibits). The proposal added a requirement that the ALJ must use the
same method of service for this notice for each recipient.
Finally, the proposal clarified that the ALJ may, when appropriate,
permit parties more than the allotted 30 days to file proposed findings
of fact, proposed conclusions of law, and a proposed order.
The OCC received no comments on this section, which is adopted with
a minor technical change.
Section 19.38 Recommended Decision and Filing of Record
Under the former Uniform Rules, the ALJ was not required to file an
index of the record when he filed the record with the Comptroller. The
proposal added this requirement and reorganized this section to improve
its clarity.
The OCC received no comments on this section, which is adopted as
proposed.
Section-by-Section Summary and Discussion of Proposed Amendments to the
OCC's Local Rules
Section 19.112 Informal Hearing
Section 19.112 governs the conduct of informal hearings requested
by a party who is the subject of a removal, suspension, or prohibition
when a crime is charged or a conviction obtained.
The proposal amended Sec. 19.112(b) so that the District Deputy
Comptroller or Administrator, the Deputy Comptroller for Multinational
Banking, or the Deputy Comptroller or Director for Special Supervision,
whoever is appropriate, fixes the date, time, and place for an informal
hearing and chooses the presiding officer.
The proposal amended Sec. 19.112(c): (1) to clarify that, if a
petitioner waives the opportunity to present an oral argument at a
hearing, the OCC may file written submissions with the presiding
officer no later than the date on which the hearing was to be held; and
(2) to require a petitioner who chooses to waive the opportunity to
present oral argument to submit that waiver at the same time that the
petitioner requests a hearing.
Former Sec. 19.112(d)(3) required that copies of all affidavits,
memoranda, and other written material to be presented at the hearing be
provided to the presiding officer and other parties ten days prior to
the hearing. The final rule conforms Sec. 19.112(d)(3) to the change
made to Sec. 19.112(c), which permits the OCC to file papers on the day
of the hearing. Therefore, as amended, Sec. 19.112(d)
[[Page 20333]]
allows the OCC an additional ten days to file its submissions when a
petitioner chooses to waive its right to an oral hearing. The OCC will
need the additional ten days to prepare its submissions as a response
to the petitioner's submissions because the OCC will not have an
opportunity to present an oral argument.
The OCC received one comment on this section. The commenter sought
clarification of whether waiver of oral argument results in a waiver of
the hearing.
The former rule and the proposal used the term ``hearing'' to refer
to both an oral hearing and a hearing based solely on documents. A
waiver of an oral argument does not result in a waiver of the hearing
itself. Therefore, the OCC believes no further clarification is
necessary and adopts this section with a minor technical change.
Section 19.113 Recommended and Final Decisions
The former Local Rules stated that the Comptroller must issue a
final decision in a removal, suspension, or prohibition case within 60
days of the hearing or within 60 days of receiving the petitioner's
written submission. Section 8(g)(3) of the Federal Deposit Insurance
Act (12 U.S.C. 1818(g)(3)) requires the Comptroller to notify a
petitioner of the Comptroller's final decision within 60 days of the
hearing. Section 8(g)(3) does not state that the Comptroller may use
the date of receipt of the petitioner's written submission as the start
date of the 60-day time limitation.
The proposal clarified that the Local Rules conform to section
8(g)(3) by requiring the Comptroller to issue a final decision on a
removal, suspension, or prohibition case within 60 days of the hearing,
regardless of when the Comptroller received the petitioner's written
submission.
To ensure that the Comptroller can meet this 60-day deadline, the
proposal imposed a clear time deadline on the presiding officer to
issue a recommended decision. The proposal required the presiding
officer to issue a recommended decision within 20 days from the
hearing.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.160 Scope
The proposal clarified the provision regarding the time permitted
the OCC to communicate to the proposed acquiring party (filer) the
OCC's disapproval of a change-in-control notice.
Former Sec. 19.160 suggests that the OCC must give written notice
to a filer of the OCC's disapproval within three days of the decision.
Because first class mail can take three days, the proposal stated that
the OCC must mail the written notice within three days of making a
disapproval decision.
The OCC received no comments on this section, which is adopted as
proposed.
Section 19.161 Notice of Disapproval and Hearing Initiation
The proposal changed the title of this section from ``Hearing
request and answer'' to ``Notice of disapproval and hearing
initiation'' in order to describe more accurately the content of the
section.
The proposal changed the initiation procedures for change-in-
control proceedings. Under the former OCC Local Rule, the OCC's notice
of disapproval was both a licensing communication and the initial
pleading in the action.
As proposed, the notice of disapproval would not serve as the OCC's
initial pleading. Under the proposal, the Comptroller issues a hearing
order after receiving a request for a hearing in response to a notice
of disapproval. The hearing order serves as the OCC's pleading document
and states the legal authority for the proceeding, the OCC's
jurisdiction over the proceeding, and the matters of fact or law upon
which the disapproval is based. The hearing order also states that a
filer who seeks a hearing must file an answer to the hearing order with
the Office of Financial Institution Adjudication (OFIA) within 20 days
after service of the order on the filer.
The proposal also made a technical correction by removing the
phrase ``in civil money penalty proceedings'' from the heading of
former paragraph (c)(2).
The OCC received no comments on this section, which is adopted as
proposed with minor technical changes.
Section 19.170 Discovery Depositions
The proposal clarified that a party may have the court reporter
record deposition testimony with a stenotype machine or an electronic
sound recording device. The proposal modified the former rule to state
expressly that, for good cause and with leave of the ALJ or upon
agreement of the parties, a party may have the court reporter use any
other method to record the deposition testimony.
The proposal specified that a written record of the witness's
testimony must be made unless the parties agree otherwise, that all
parties are entitled to receive a transcript of the witness's
testimony, and that the party taking the deposition bears the cost of
the recording and the transcription of that recording.
The OCC received no comments on this section, which is adopted with
one clarifying change. The final rule specifies that each party is
responsible for the cost of the copy of the transcript that the party
receives and that the cost of these additional transcript copies does
not fall on the party that requests the deposition.
Section 19.171 Deposition Subpoenas
The proposal added to the permissible methods of serving a
deposition subpoena under Sec. 19.171 the methods allowed in the
Uniform Rules, Sec. 19.11(d). As amended by this final rule, the
Uniform Rules permit the following methods of service: by delivery to
an agent, by delivery to a person of suitable age and discretion at the
subpoenaed person's residence or place of work, by registered or
certified mail to the person's last known address, or in such other
manner as is reasonably calculated to give actual notice.
The OCC received no comments on this section. The final rule
conforms Sec. 19.184 with Sec. 19.11(d), as adopted in the final rule,
by cross-referencing Sec. 19.11(d).
Section 19.184 Service of Subpoena and Payment of Witness Fees
As in Sec. 19.171, the proposal adopted the methods of service used
in Sec. 19.11(d). The OCC also received no comments on this section.
The final rule conforms this section, as it does Sec. 19.171, to
Sec. 19.11(d) by cross-referencing Sec. 19.11(d).
Technical Changes
The final rule makes several technical changes to the proposal that
make the final rule specific to the OCC. These changes appear
throughout the rule text. For example, bracketed references to the
``agency head'' have been replaced with ``the Comptroller'' and the
blank part designation before each section number has been filled in
with ``19.''
Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act, the
OCC hereby certifies that this final rule will not have a significant
economic impact on a substantial number of small entities. Accordingly,
a regulatory flexibility analysis is not required.
This final rule imposes only procedural requirements in
administrative adjudications. It contains no substantive requirements.
It improves the Uniform Rules of Practice and Procedure and facilitates
the
[[Page 20334]]
orderly determination of administrative proceedings. The changes in
this final rule are primarily clarifications and impose no significant
additional burdens on regulated institutions, parties to administrative
actions, or counsel.
Executive Order 12866 Statement
The OCC has determined that this final rule is not a significant
regulatory action as defined in Executive Order 12866.
Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L.
104-4 (Unfunded Mandates Act) requires that an agency prepare a
budgetary impact statement before promulgating a rule that includes a
Federal mandate that may result in expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year. If a budgetary impact statement is
required, section 205 of the Unfunded Mandates Act also requires an
agency to identify and consider a reasonable number of regulatory
alternatives before promulgating a rule. As discussed in the preamble,
this final rule is limited in application to procedural amendments to
the rules of administrative practice before the OCC. The OCC has
therefore determined that the final rule will not result in
expenditures by State, local, or tribal governments or by the private
sector of more than $100 million. Accordingly, the OCC has not prepared
a budgetary impact statement or specifically addressed the regulatory
alternatives considered.
Effective Date
Section 302 of the Riegle Community Development and Regulatory
Improvement Act 1994 delays the effective date of regulations
promulgated by the Federal banking agencies that impose additional
reporting, disclosure, or other new requirements to the first date of
the first calendar quarter following publication of the final rule. The
OCC believes that section 302 is not applicable to this final rule,
because the regulation does not impose any additional reporting or
other requirements not already contained in the current version of the
Uniform Rules or the Local Rules.
List of Subjects in 12 CFR Part 19
Administrative practice and procedure, Crime, Investigations,
National banks, Penalties, Securities.
Authority and Issuance
For the reasons set out in the preamble, part 19 of chapter I of
title 12 of the Code of Federal Regulations is amended as set forth
below:
PART 19--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 19 is revised to read as
follows:
Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505,
1817, 1818, 1820, 1831o, 1972, 3102, 3108(a), 3909, and 4717; 15
U.S.C. 78 (h) and (i), 78o-4(c), 78o-5, 78q-1, 78u, 78u-2, 78u-3,
and 78w; 31 U.S.C. 330 and 5321; and 42 U.S.C. 4012a.
Subpart A--[Amended]
2. In Sec. 19.1, paragraph (e)(9) is amended by removing ``and''
after the semicolon, new paragraphs (e)(11) and (e)(12) are added,
paragraph (f) is redesignated as paragraph (g), and new paragraph (f)
is added to read as follows:
Sec. 19.1 Scope.
* * * * *
(e) * * *
(11) Any provision of law referenced in section 102(f) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(f)) or any order or
regulation issued thereunder; and
(12) Any provision of law referenced in 31 U.S.C. 5321 or any order
or regulation issued thereunder;
(f) Remedial action under section 102(g) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(g)); and
* * * * *
3. In Sec. 19.6, paragraph (a)(3) is revised to read as follows:
Sec. 19.6 Appearance and practice in adjudicatory proceedings.
(a) * * *
(3) Notice of appearance. Any individual acting as counsel on
behalf of a party, including the Comptroller, shall file a notice of
appearance with OFIA at or before the time that the individual submits
papers or otherwise appears on behalf of a party in the adjudicatory
proceeding. The notice of appearance must include a written declaration
that the individual is currently qualified as provided in paragraph
(a)(1) or (a)(2) of this section and is authorized to represent the
particular party. By filing a notice of appearance on behalf of a party
in an adjudicatory proceeding, the counsel agrees and represents that
he or she is authorized to accept service on behalf of the represented
party and that, in the event of withdrawal from representation, he or
she will, if required by the administrative law judge, continue to
accept service until new counsel has filed a notice of appearance or
until the represented party indicates that he or she will proceed on a
pro se basis.
* * * * *
4. In Sec. 19.8, paragraph (b) is revised to read as follows:
Sec. 19.8 Conflicts of interest.
* * * * *
(b) Certification and waiver. If any person appearing as counsel
represents two or more parties to an adjudicatory proceeding or also
represents a non-party on a matter relevant to an issue in the
proceeding, counsel must certify in writing at the time of filing the
notice of appearance required by Sec. 19.6(a):
(1) That the counsel has personally and fully discussed the
possibility of conflicts of interest with each such party and non-
party; and
(2) That each such party and non-party waives any right it might
otherwise have had to assert any known conflicts of interest or to
assert any non-material conflicts of interest during the course of the
proceeding.
5. In Sec. 19.11, paragraphs (c)(2) and (d) are revised to read as
follows:
Sec. 19.11 Service of papers.
* * * * *
(c) * * *
(2) If a party has not appeared in the proceeding in accordance
with Sec. 19.6, the Comptroller or the administrative law judge shall
make service by any of the following methods:
(i) By personal service;
(ii) If the person to be served is an individual, by delivery to a
person of suitable age and discretion at the physical location where
the individual resides or works;
(iii) If the person to be served is a corporation or other
association, by delivery to an officer, managing or general agent, or
to any other agent authorized by appointment or by law to receive
service and, if the agent is one authorized by statute to receive
service and the statute so requires, by also mailing a copy to the
party;
(iv) By registered or certified mail addressed to the person's last
known address; or
(v) By any other method reasonably calculated to give actual
notice.
(d) Subpoenas. Service of a subpoena may be made:
(1) By personal service;
(2) If the person to be served is an individual, by delivery to a
person of suitable age and discretion at the physical location where
the individual resides or works;
(3) By delivery to an agent, which, in the case of a corporation or
other
[[Page 20335]]
association, is delivery to an officer, managing or general agent, or
to any other agent authorized by appointment or by law to receive
service and, if the agent is one authorized by statute to receive
service and the statute so requires, by also mailing a copy to the
party;
(4) By registered or certified mail addressed to the person's last
known address; or
(5) By any other method reasonably calculated to give actual
notice.
* * * * *
6. In Sec. 19.12, paragraphs (a), (c)(1), (c)(2), and (c)(3) are
revised to read as follows:
Sec. 19.12 Construction of time limits.
(a) General rule. In computing any period of time prescribed by
this subpart, the date of the act or event that commences the
designated period of time is not included. The last day so computed is
included unless it is a Saturday, Sunday, or Federal holiday. When the
last day is a Saturday, Sunday, or Federal holiday, the period runs
until the end of the next day that is not a Saturday, Sunday, or
Federal holiday. Intermediate Saturdays, Sundays, and Federal holidays
are included in the computation of time. However, when the time period
within which an act is to be performed is ten days or less, not
including any additional time allowed for in paragraph (c) of this
section, intermediate Saturdays, Sundays, and Federal holidays are not
included.
* * * * *
(c) * * *
(1) If service is made by first class, registered, or certified
mail, add three calendar days to the prescribed period;
(2) If service is made by express mail or overnight delivery
service, add one calendar day to the prescribed period; or
(3) If service is made by electronic media transmission, add one
calendar day to the prescribed period, unless otherwise determined by
the Comptroller or the administrative law judge in the case of filing,
or by agreement among the parties in the case of service.
7. Section 19.20 is revised to read as follows:
Sec. 19.20 Amended pleadings.
(a) Amendments. The notice or answer may be amended or supplemented
at any stage of the proceeding. The respondent must answer an amended
notice within the time remaining for the respondent's answer to the
original notice, or within ten days after service of the amended
notice, whichever period is longer, unless the Comptroller or
administrative law judge orders otherwise for good cause.
(b) Amendments to conform to the evidence. When issues not raised
in the notice or answer are tried at the hearing by express or implied
consent of the parties, they will be treated in all respects as if they
had been raised in the notice or answer, and no formal amendments are
required. If evidence is objected to at the hearing on the ground that
it is not within the issues raised by the notice or answer, the
administrative law judge may admit the evidence when admission is
likely to assist in adjudicating the merits of the action and the
objecting party fails to satisfy the administrative law judge that the
admission of such evidence would unfairly prejudice that party's action
or defense upon the merits. The administrative law judge may grant a
continuance to enable the objecting party to meet such evidence.
8. In Sec. 19.24, paragraphs (a) and (b) are revised to read as
follows:
Sec. 19.24 Scope of document discovery.
(a) Limits on discovery. (1) Subject to the limitations set out in
paragraphs (b), (c), and (d) of this section, a party to a proceeding
under this subpart may obtain document discovery by serving a written
request to produce documents. For purposes of a request to produce
documents, the term ``documents'' may be defined to include drawings,
graphs, charts, photographs, recordings, data stored in electronic
form, and other data compilations from which information can be
obtained, or translated, if necessary, by the parties through detection
devices into reasonably usable form, as well as written material of all
kinds.
(2) Discovery by use of deposition is governed by subpart I of this
part.
(3) Discovery by use of interrogatories is not permitted.
(b) Relevance. A party may obtain document discovery regarding any
matter, not privileged, that has material relevance to the merits of
the pending action. Any request to produce documents that calls for
irrelevant material, that is unreasonable, oppressive, excessive in
scope, unduly burdensome, or repetitive of previous requests, or that
seeks to obtain privileged documents will be denied or modified. A
request is unreasonable, oppressive, excessive in scope, or unduly
burdensome if, among other things, it fails to include justifiable
limitations on the time period covered and the geographic locations to
be searched, the time provided to respond in the request is inadequate,
or the request calls for copies of documents to be delivered to the
requesting party and fails to include the requestor's written agreement
to pay in advance for the copying, in accordance with Sec. 19.25.
* * * * *
9. In Sec. 19.25, paragraphs (a), (b), (e), and (g) are revised to
read as follows:
Sec. 19.25 Request for document discovery from parties.
(a) General rule. Any party may serve on any other party a request
to produce for inspection any discoverable documents that are in the
possession, custody, or control of the party upon whom the request is
served. The request must identify the documents to be produced either
by individual item or by category, and must describe each item and
category with reasonable particularity. Documents must be produced as
they are kept in the usual course of business or must be organized to
correspond with the categories in the request.
(b) Production or copying. The request must specify a reasonable
time, place, and manner for production and performing any related acts.
In lieu of inspecting the documents, the requesting party may specify
that all or some of the responsive documents be copied and the copies
delivered to the requesting party. If copying of fewer than 250 pages
is requested, the party to whom the request is addressed shall bear the
cost of copying and shipping charges. If a party requests 250 pages or
more of copying, the requesting party shall pay for the copying and
shipping charges. Copying charges are the current per-page copying rate
imposed by 12 CFR part 4 implementing the Freedom of Information Act (5
U.S.C. 552). The party to whom the request is addressed may require
payment in advance before producing the documents.
* * * * *
(e) Privilege. At the time other documents are produced, the
producing party must reasonably identify all documents withheld on the
grounds of privilege and must produce a statement of the basis for the
assertion of privilege. When similar documents that are protected by
deliberative process, attorney work-product, or attorney-client
privilege are voluminous, these documents may be identified by category
instead of by individual document. The administrative law judge retains
discretion to determine when the identification by category is
insufficient.
* * * * *
(g) Ruling on motions. After the time for filing responses pursuant
to this section has expired, the administrative
[[Page 20336]]
law judge shall rule promptly on all motions filed pursuant to this
section. If the administrative law judge determines that a discovery
request, or any of its terms, calls for irrelevant material, is
unreasonable, oppressive, excessive in scope, unduly burdensome, or
repetitive of previous requests, or seeks to obtain privileged
documents, he or she may deny or modify the request, and may issue
appropriate protective orders, upon such conditions as justice may
require. The pendency of a motion to strike or limit discovery or to
compel production is not a basis for staying or continuing the
proceeding, unless otherwise ordered by the administrative law judge.
Notwithstanding any other provision in this part, the administrative
law judge may not release, or order a party to produce, documents
withheld on grounds of privilege if the party has stated to the
administrative law judge its intention to file a timely motion for
interlocutory review of the administrative law judge's order to produce
the documents, and until the motion for interlocutory review has been
decided.
* * * * *
10. In Sec. 19.33, paragraph (a) is revised to read as follows:
Sec. 19.33 Public hearings.
(a) General rule. All hearings shall be open to the public, unless
the Comptroller, in the Comptroller's discretion, determines that
holding an open hearing would be contrary to the public interest.
Within 20 days of service of the notice or, in the case of change-in-
control proceedings under section 7(j)(4) of the FDIA (12 U.S.C.
1817(j)(4)), within 20 days from service of the hearing order, any
respondent may file with the Comptroller a request for a private
hearing, and any party may file a reply to such a request. A party must
serve on the administrative law judge a copy of any request or reply
the party files with the Comptroller. The form of, and procedure for,
these requests and replies are governed by Sec. 19.23. A party's
failure to file a request or a reply constitutes a waiver of any
objections regarding whether the hearing will be public or private.
* * * * *
11. In Sec. 19.34, paragraphs (a) and (b)(1) are revised to read as
follows:
Sec. 19.34 Hearing subpoenas.
(a) Issuance. (1) Upon application of a party showing general
relevance and reasonableness of scope of the testimony or other
evidence sought, the administrative law judge may issue a subpoena or a
subpoena duces tecum requiring the attendance of a witness at the
hearing or the production of documentary or physical evidence at the
hearing. The application for a hearing subpoena must also contain a
proposed subpoena specifying the attendance of a witness or the
production of evidence from any state, territory, or possession of the
United States, the District of Columbia, or as otherwise provided by
law at any designated place where the hearing is being conducted. The
party making the application shall serve a copy of the application and
the proposed subpoena on every other party.
(2) A party may apply for a hearing subpoena at any time before the
commencement of a hearing. During a hearing, a party may make an
application for a subpoena orally on the record before the
administrative law judge.
(3) The administrative law judge shall promptly issue any hearing
subpoena requested pursuant to this section. If the administrative law
judge determines that the application does not set forth a valid basis
for the issuance of the subpoena, or that any of its terms are
unreasonable, oppressive, excessive in scope, or unduly burdensome, he
or she may refuse to issue the subpoena or may issue it in a modified
form upon any conditions consistent with this subpart. Upon issuance by
the administrative law judge, the party making the application shall
serve the subpoena on the person named in the subpoena and on each
party.
(b) Motion to quash or modify. (1) Any person to whom a hearing
subpoena is directed or any party may file a motion to quash or modify
the subpoena, accompanied by a statement of the basis for quashing or
modifying the subpoena. The movant must serve the motion on each party
and on the person named in the subpoena. Any party may respond to the
motion within ten days of service of the motion.
* * * * *
12. In Sec. 19.35, paragraph (a)(3) is redesignated as paragraph
(a)(4), a new paragraph (a)(3) is added, and paragraph (b) is revised
to read as follows:
Sec. 19.35 Conduct of hearings.
(a) * * *
(3) Examination of witnesses. Only one counsel for each party may
conduct an examination of a witness, except that in the case of
extensive direct examination, the administrative law judge may permit
more than one counsel for the party presenting the witness to conduct
the examination. A party may have one counsel conduct the direct
examination and another counsel conduct re-direct examination of a
witness, or may have one counsel conduct the cross examination of a
witness and another counsel conduct the re-cross examination of a
witness.
* * * * *
(b) Transcript. The hearing must be recorded and transcribed. The
reporter will make the transcript available to any party upon payment
by that party to the reporter of the cost of the transcript. The
administrative law judge may order the record corrected, either upon
motion to correct, upon stipulation of the parties, or following notice
to the parties upon the administrative law judge's own motion.
13. In Sec. 19.37, the section heading and paragraph (a)(1) are
revised to read as follows:
Sec. 19.37 Post-hearing filings.
(a) Proposed findings and conclusions and supporting briefs. (1)
Using the same method of service for each party, the administrative law
judge shall serve notice upon each party that the certified transcript,
together with all hearing exhibits and exhibits introduced but not
admitted into evidence at the hearing, has been filed. Any party may
file with the administrative law judge proposed findings of fact,
proposed conclusions of law, and a proposed order within 30 days
following service of this notice by the administrative law judge or
within such longer period as may be ordered by the administrative law
judge.
* * * * *
14. Section 19.38 is revised to read as follows:
Sec. 19.38 Recommended decision and filing of record.
(a) Filing of recommended decision and record. Within 45 days after
expiration of the time allowed for filing reply briefs under
Sec. 19.37(b), the administrative law judge shall file with and certify
to the Comptroller, for decision, the record of the proceeding. The
record must include the administrative law judge's recommended
decision, recommended findings of fact, recommended conclusions of law,
and proposed order; all prehearing and hearing transcripts, exhibits,
and rulings; and the motions, briefs, memoranda, and other supporting
papers filed in connection with the hearing. The administrative law
judge shall serve upon each party the recommended decision, findings,
conclusions, and proposed order.
(b) Filing of index. At the same time the administrative law judge
files with and certifies to the Comptroller for final determination the
record of the proceeding, the administrative law judge shall furnish to
the Comptroller a
[[Page 20337]]
certified index of the entire record of the proceeding. The certified
index shall include, at a minimum, an entry for each paper, document or
motion filed with the administrative law judge in the proceeding, the
date of the filing, and the identity of the filer. The certified index
shall also include an exhibit index containing, at a minimum, an entry
consisting of exhibit number and title or description for: Each exhibit
introduced and admitted into evidence at the hearing; each exhibit
introduced but not admitted into evidence at the hearing; each exhibit
introduced and admitted into evidence after the completion of the
hearing; and each exhibit introduced but not admitted into evidence
after the completion of the hearing.
Subpart B--[Amended]
15. Section 19.100 is revised to read as follows:
Sec. 19.100 Filing documents.
All materials required to be filed with or referred to the
Comptroller or the administrative law judge in any proceeding under
this part must be filed with the Hearing Clerk, Office of the
Comptroller of the Currency, 250 E Street, SW, Washington, DC 20219.
Filings to be made with the Hearing Clerk include the notice and
answer; motions and responses to motions; briefs; the record filed by
the administrative law judge after the issuance of a recommended
decision; the recommended decision filed by the administrative law
judge following a motion for summary disposition (except that in
removal and prohibition cases the administrative law judge will file
the record and the recommended decision with the Board of Governors of
the Federal Reserve System); referrals by the administrative law judge
of motions for interlocutory review; exceptions and requests for oral
argument; and any other papers required to be filed with the
Comptroller or the administrative law judge under this part.
Subpart C--[Amended]
16. In Sec. 19.112, paragraphs (a), (b), (c) and (d)(3)(i) are
revised to read as follows:
Sec. 19.112 Informal hearing.
(a) Issuance of hearing order. After receipt of a request for
hearing, the District Deputy Comptroller or Administrator, the Deputy
Comptroller for Multinational Banking, or the Deputy Comptroller or
Director for Special Supervision, as appropriate, must notify the
petitioner requesting the hearing, the OCC's Enforcement and Compliance
Division, and the appropriate OCC District Counsel of the date, time,
and place fixed for the hearing. The hearing must be scheduled to be
held not later than 30 days from the date when a request for hearing is
received unless the time is extended in response to a written request
of the petitioner. The District Deputy Comptroller or Administrator,
the Deputy Comptroller for Multinational Banking, or the Deputy
Comptroller or Director for Special Supervision, as appropriate, may
extend the hearing date only for a specific period of time and must
take appropriate action to ensure that the hearing is not unduly
delayed.
(b) Appointment of presiding officer. The District Deputy
Comptroller or Administrator, the Deputy Comptroller for Multinational
Banking, or the Deputy Comptroller or Director for Special Supervision,
as appropriate, must appoint one or more OCC employees as the presiding
officer to conduct the hearing. The presiding officer(s) may not have
been involved in the proceeding, a factually related proceeding, or the
underlying enforcement action in a prosecutorial or investigative role.
(c) Waiver of oral hearing--(1) Petitioner. When the petitioner
requests a hearing, the petitioner may elect to have the matter
determined by the presiding officer solely on the basis of written
submissions by serving on the District Deputy Comptroller or
Administrator, the Deputy Comptroller for Multinational Banking, or the
Deputy Comptroller or Director for Special Supervision, as appropriate,
and all parties, a signed document waiving the statutory right to
appear and make oral argument. The petitioner must present the written
submissions to the presiding officer, and serve the other parties, not
later than ten days prior to the date fixed for the hearing, or within
such shorter time period as the presiding officer may permit.
(2) OCC. The OCC may respond to the petitioner's submissions by
presenting the presiding officer with a written response, and by
serving the other parties, not later than the date fixed for the
hearing, or within such other time period as the presiding officer may
require.
(d) * * *
(3) Presentation. (i) The OCC may appear and the petitioner may
appear personally or through counsel at the hearing to present relevant
written materials and oral argument. Except as permitted in paragraph
(c) of this section, each party, including the OCC, must file a copy of
any affidavit, memorandum, or other written material to be presented at
the hearing with the presiding officer and must serve the other parties
not later than ten days prior to the hearing or within such shorter
time period as permitted by the presiding officer.
* * * * *
17. In Sec. 19.113, paragraphs (a) and (b) are revised, paragraph
(c), (d), and (e) are redesignated as paragraphs (d), (e), and (f),
respectively, and new paragraph (c) is added, to read as follows:
Sec. 19.113 Recommended and final decisions.
(a) The presiding officer must issue a recommended decision to the
Comptroller within 20 days of the conclusion of the hearing or, when
the petitioner has waived an oral hearing, within 20 days of the date
fixed for the hearing. The presiding officer must serve promptly a copy
of the recommended decision on the parties to the proceeding. The
decision must include a summary of the facts and arguments of the
parties.
(b) Each party may, within ten days of being served with the
presiding officer's recommended decision, submit to the Comptroller
comments on the recommended decision.
(c) Within 60 days of the conclusion of the hearing or, when the
petitioner has waived an oral hearing, within 60 days from the date
fixed for the hearing, the Comptroller must notify the petitioner by
registered mail whether the suspension or removal from office, and
prohibition from participation in any manner in the affairs of the
bank, will be affirmed, terminated, or modified. The Comptroller's
decision must include a statement of reasons supporting the decision.
The Comptroller's decision is a final and unappealable order.
* * * * *
Subpart H--[Amended]
Sec. 19.160 [Amended]
18. In Sec. 19.160, paragraph (a) is amended in the second sentence
by revising the phrase ``notify the acquiring party in writing'' to
read ``mail a written notification to the proposed acquiring person''.
19. Section 19.161 is revised to read as follows:
Sec. 19.161 Notice of disapproval and hearing initiation.
(a) Notice of disapproval. The OCC's written disapproval of a
proposed acquisition of control of a national bank must:
[[Page 20338]]
(1) Contain a statement of the basis for the disapproval; and
(2) Indicate that the filer may request a hearing.
(b) Hearing request. Following receipt of a notice of disapproval,
a filer may request a hearing on the proposed acquisition. A hearing
request must:
(1) Be in writing; and
(2) Be filed with the Hearing Clerk of the OCC within ten days
after service on the filer of the notice of disapproval. If a filer
fails to request a hearing with a timely written request, the notice of
disapproval constitutes a final and unappealable order.
(c) Hearing order. Following receipt of a hearing request, the
Comptroller shall issue, within 20 days, an order that sets forth:
(1) The legal authority for the proceeding and for the OCC's
jurisdiction over the proceeding;
(2) The matters of fact or law upon which the disapproval is based;
and
(3) The requirement for filing an answer to the hearing order with
OFIA within 20 days after service of the hearing order.
(d) Answer. An answer to a hearing order must specifically deny
those portions of the order that are disputed. Those portions of the
order that the filer does not specifically deny are deemed admitted by
the filer. Any hearing under this subpart is limited to those portions
of the order that are specifically denied.
(e) Effect of failure to answer. Failure of a filer to file an
answer within 20 days after service of the hearing order constitutes a
waiver of the filer's right to appear and contest the allegations in
the hearing order. If a filer does not file a timely answer,
enforcement counsel may file a motion for entry of an order of default.
Upon a finding that no good cause has been shown for the failure to
file a timely answer, the administrative law judge shall file with the
Comptroller a recommended decision containing the findings and the
relief sought in the hearing order. Any final order issued by the
Comptroller based upon a filer's failure to answer is deemed to be an
order issued upon consent and is a final and unappealable order.
Sec. 19.162 [Removed]
20. Section 19.162 is removed.
Subpart I--[Amended]
21. In Sec. 19.170, paragraph (d) is revised, paragraphs (e) and
(f) are redesignated as paragraphs (f) and (g), respectively, and a new
paragraph (e) is added to read as follows:
Sec. 19.170 Discovery depositions.
* * * * *
(d) Conduct of the deposition. The witness must be duly sworn, and
each party will have the right to examine the witness with respect to
all non-privileged, relevant, and material matters of which the witness
has factual, direct, and personal knowledge. Objections to questions or
exhibits must be in short form and must state the grounds for the
objection. Failure to object to questions or exhibits is not a waiver
except where the grounds for the objection might have been avoided if
the objection had been timely presented.
(e) Recording the testimony--(1) Generally. The party taking the
deposition must have a certified court reporter record the witness's
testimony:
(i) By stenotype machine or electronic sound recording device;
(ii) Upon agreement of the parties, by any other method; or
(iii) For good cause and with leave of the administrative law
judge, by any other method.
(2) Cost. The party taking the deposition must bear the cost of the
recording and transcribing the witness's testimony.
(3) Transcript. Unless the parties agree that a transcription is
not necessary, the court reporter must provide a transcript of the
witness's testimony to the party taking the deposition and must make a
copy of the transcript available to each party upon payment by that
party of the cost of the copy.
* * * * *
22. In Sec. 19.171, paragraph (b) is revised to read as follows:
Sec. 19.171 Deposition subpoenas.
* * * * *
(b) Service--(1) Methods of service. The party requesting the
subpoena must serve it on the person named therein, or on that person's
counsel, by any of the methods identified in Sec. 19.11(d).
(2) Proof of service. The party serving the subpoena must file
proof of service with the administrative law judge.
* * * * *
Subpart J--[Amended]
23. Section 19.184 is revised to read as follows:
Sec. 19.184 Service of subpoena and payment of witness expenses.
(a) Methods of service. Service of a subpoena may be made by any of
the methods identified in Sec. 19.11(d).
(b) Expenses. A witness who is subpoenaed will be paid the same
expenses in the same manner as witnesses in the district courts of the
United States. The expenses need not be tendered at the time a subpoena
is served.
Dated: April 2, 1996.
Eugene A. Ludwig,
Comptroller of the Currency.
[FR Doc. 96-10331 Filed 5-3-96; 8:45 am]
BILLING CODE 4810-33-P
