Appeal by party. Any adversely affected party may appeal a
proposed decision to the superintendent within 30 days after issuance of the
Review. The superintendent may initiate review of a proposed
decision on the superintendent's own motion at any time within 30 days
following the issuance of such a decision.
Notice of appeal.
appeal of a proposed decision is initiated by filing a timely notice of appeal
with the credit union division. The notice of appeal must be signed by the
appealing party or a representative of that party and contain a certificate of
service. The notice shall specify:
parties initiating the appeal;
The proposed decision or order appealed from;
c. The specific findings or conclusions to
which exception is taken and any other exceptions to the decision or
d. The relief
e. The grounds for
Requests to present additional evidence. A party may request
the taking of additional evidence only by establishing that the evidence is
material, that good cause existed for the failure to present the evidence at
the hearing, and that the party has not waived the right to present the
evidence. A written request to present additional evidence must be filed with
the notice of appeal or, by a nonappealing party, within 14 days of service of
the notice of appeal. The superintendent may remand a case to the presiding
officer for further hearing or may personally preside at the taking of
Scheduling. The division shall issue a schedule for
consideration of the appeal.
Briefs and arguments.
Unless otherwise ordered, within 20 days
of the notice of appeal or order for review, each appealing party may file
exceptions and briefs. Within 20 days thereafter, any party may file a
responsive brief. Briefs shall cite any applicable legal authority and specify
relevant portions of the record in that proceeding. Written requests to present
oral argument shall be filed with the briefs.
The superintendent may resolve the appeal on the briefs or
provide an opportunity for oral argument. The superintendent may shorten or
extend the briefing period as appropriate.