For purposes of this subpart,
unless explicitly stated to the contrary:
(a) Administrative law 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 these rules and leading to the formulation of a final order other
than a regulation.
(c) Decisional employee means any member of the Board’s or ALJ’s staff who has
not engaged in an investigative or prosecutorial role in a proceeding
and who may assist the Agency or the ALJ, respectively, in preparing
orders, recommended decisions, decisions, and other documents under
the uniform rules.
(d) Electronic signature means electronically affixing the equivalent of a signature to an
electronic document filed or transmitted electronically.
8-046.1
(e) Enforcement counsel means any individual who files a notice
of appearance as counsel on behalf of the Board in an adjudicatory
proceeding.
(f) Final order means an order
issued by the Board 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.
8-046.2
(g) Institution includes:
(1) Any bank as that term is defined in
section 3(a) of the FDIA (12 U.S.C. 1813(a));
(2) Any bank holding company or any subsidiary
(other than a bank) of a bank holding company as those terms are defined
in the BHC Act (12 U.S.C. 1841 et seq.);
(3) Any organization organized and operated
under section 25A of the FRA (12 U.S.C. 611 et seq.) or operating
under section 25 of the FRA (12 U.S.C. 601 et seq.);
(4) Any foreign bank or company
to which section 8 of the IBA (12 U.S.C. 3106), applies or any subsidiary
(other than a bank) thereof;
(5) Any branch or agency as those terms
are defined in section 1(b) of the IBA (12 U.S.C. 3101(1), (3), (5),
(6));
(6) Any savings
and loan holding company or any subsidiary (other than a depository
institution) of a savings and loan holding company as those terms
are defined in the HOLA (12 U.S.C. 1461 et seq.);
(7) Any U.S. or foreign nonbank
financial company that the Financial Stability Oversight Council (“FSOC”)
requires the Board to supervise under section 113 of the Dodd-Frank
Act (12 U.S.C. 5323(a)(1), (b)(1)), or any subsidiary (other than
a bank) thereof;
(8)
Any financial market utility or financial institution conducting payment,
clearing, or settlement activities that FSOC designates as systematically
important under section 804 of the Dodd-Frank Act (12 U.S.C. 5463);
and
(9) Any other entity
subject to the supervision of the Board.
8-046.3
(h) Institution-affiliated party means any institution-affiliated
party as that term is defined in section 3(u) of the FDIA (12 U.S.C.
1813(u)).
(i) Local rules means those rules
promulgated by the Board in this part other than this subpart.
(j) OFIA means the Office of Financial Institution
Adjudication, the executive body charged with overseeing the administration
of administrative enforcement proceedings for the Board, the Office
of Comptroller of the Currency (“OCC”), the Federal Deposit
Insurance Corporation (“FDIC”), and the National Credit
Union Administration (“NCUA”).
(k) Party means
the Board and any person named as a party in any notice.
8-046.4
(l) 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 (g)
of this section.
(m) Respondent means any
party other than the Board.
(n) Uniform rules means those rules in this subpart A that are common to the Board,
the OCC, the FDIC, and the NCUA.
(o) Violation means any violation as that term is defined in section 3(v) of the
FDIA (12 U.S.C. 1813(v)).
