(a) This subpart prescribes
the rules of practice and procedure governing formal adjudications
set forth in paragraph (b) of this section, and supplements the rules
of practice and procedure contained in subpart A of this part.
8-085.1
(b) The rules and procedures of this subpart and
subpart A of this part will apply to the formal adjudications set
forth in section 263.1 and to the following adjudications:
(1) Suspension of a member bank from use
of credit facilities of the Federal Reserve System under section 4
of the FRA (12 U.S.C. 301);
(2) Termination of a bank’s membership
in the Federal Reserve System under section 9 of the FRA (12 U.S.C.
327);
(3) Issuance
of a cease-and-desist order under section 11 of the Clayton Act (15
U.S.C. 21);
(4) Adjudications
under sections 2, 3, or 4 of the BHC Act (12 U.S.C. 1841, 1842, or
1843);
(5) Formal adjudications
on bank merger applications under section 18(c) of the FDIA (12 U.S.C.
1828(c));
(6) Issuance
of a divestiture order under section 5(e) of the BHC Act (12 U.S.C.
1844(e));
(7) Imposition
of sanctions upon any municipal securities dealer for which the Board
is the appropriate regulatory agency, or upon any person associated
or seeking to become associated with such a municipal securities dealer,
under section 15B(c)(5) of the Exchange Act (15 U.S.C. 78o–4);
(8) Proceedings where
the Board otherwise orders that a formal hearing be held;
(9) Termination of the activities
of a state branch, state agency, or commercial lending company subsidiary
of a foreign bank in the United States, pursuant to section 7(e) of
the IBA (12 U.S.C. 3105(d));
(10) Termination of the activities of a
representative office of a foreign bank in the United States, pursuant
to section 10(b) of the IBA (12 U.S.C. 3107(b));
(11) Issuance of a prompt corrective action
directive to a member bank under section 38 of the FDI Act (12 U.S.C.
1831o);
(12) Reclassification
of a member bank on grounds of unsafe or unsound condition under section
38(g)(1) of the FDI Act (12 U.S.C. 1831o(g)(1));
(13) Reclassification of a member bank
on grounds of unsafe and unsound practice under section 38(g)(1) of
the FDI Act (12 U.S.C. 1831o(g)(1));
(14) Issuance of an order requiring a member
bank to dismiss a director or senior executive officer under section
38 (e)(5) and 38(f)(2) (F)(ii) of the FDI Act (12 U.S.C. 1831o(e)(5)
and 1831o(f)(2) (F)(ii)); and
(15) Adjudications under section 10 of
the HOLA (12 U.S.C. 1467a).
