(a) General rule. All hearings must be open to the public, unless
the Board, in the Board’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 Board a request for a private hearing, and any party
may file a reply to such a request. A party must serve on the ALJ
a copy of any request or reply the party files with the Board. The
form of, and procedure for, these requests and replies are governed
by section 263.23. 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.
8-076.1
(b) Filing document under seal. Enforcement
counsel, in enforcement counsel’s discretion, may file any document
or part of a document under seal if disclosure of the document would
be contrary to the public interest. The ALJ will take all appropriate
steps to preserve the confidentiality of such documents or parts thereof,
including closing portions of the hearing to the public.
