12 CFR 509.3 - Definitions.

§ 509.3 Definitions.

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

(a)Administrative law judge 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 Office's or administrative law judge's staff who has not engaged in an investigative or prosecutorial role in a proceeding and who may assist the Office or the administrative law judge, respectively, in preparing orders, recommended decisions, decisions, and other documents under the Uniform Rules.

(d)Director means the Director of the Office of Thrift Supervision or his or her designee.

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

(f)Final order means an order issued by the Office 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.

(g)Institution includes any savings association as that term is defined in section 3(b) of the FDIA ( 12 U.S.C. 1813(b)), any savings and loan holding company or any subsidiary thereof whether wholly or partly owned (other than a bank) as those terms are defined in section 10(a) of the HOLA ( 12 U.S.C. 1467(a)).

(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 found in subpart B of this part.

(j)Office means the Office of Thrift Supervision in the case of any savings association or any savings and loan holding company, and subsidiary (other than a bank or subsidiary of that bank) of a savings and loan holding company, any service corporation of a savings association, and any subsidiary of such service corporation, whether wholly or partly owned.

(k)Office of Financial Institution Adjudication (OFIA) means the executive body charged with overseeing the administration of administrative enforcement proceedings for the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Office.

(l)Party means the Office and any person named as a party in any notice.

(m)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.

(n)Respondent means any party other than the Office.

(o)Uniform Rules means those rules in subpart A of this part.

(p)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.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

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