PART 1081—RULES OF PRACTICE FOR ADJUDICATION PROCEEDINGS Authority: 12 U.S.C. 5512(b)(1), 5563(e). Source: 90 FR 48740, Oct. 29, 2025, unless otherwise noted. Subpart A—General Rules § 1081.100 Scope of the rules of practice. This part prescribes rules of practice and procedure applicable to adjudication proceedings authorized by section 1053 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) to ensure or enforce compliance with the provisions of title X of the Dodd-Frank Act, rules prescribed by the Bureau under title X of the Dodd-Frank Act, and any other Federal law or regulation that the Bureau is authorized to enforce. These rules of practice do not govern the conduct of Bureau investigations, investigational hearings or other proceedings that do not arise from proceedings after a notice of charges. § 1081.101 Expedition and fairness of proceedings. To the extent practicable, consistent with requirements of law, the Bureau's policy is to conduct such adjudication proceedings fairly and expeditiously. In the conduct of such proceedings, the hearing officer and counsel for all parties shall make every effort at each stage of a proceeding to avoid delay. With the consent of the parties, the Director, at any time, or the hearing officer at any time prior to the filing of his or her recommended decision, may shorten any time limit prescribed by this part. § 1081.102 Rules of construction. For the purposes of this part: (a) Any term in the singular includes the plural, and the plural includes the singular, if such use would be appropriate; (b) Any use of a masculine, feminine, or neutral gender encompasses all three, if such use would be appropriate; (c) Unless context requires otherwise, a party's counsel of record, if any, may, on behalf of that party, take any action required to be taken by the party; and (d) To the extent this part uses terms defined by section 1002 of the Dodd-Frank Act, such terms shall have the same meaning as set forth therein, unless defined differently by § 1081.103. § 1081.103 Definitions. For the purposes of this part, unless explicitly stated to the contrary: Dodd-Frank Act Adjudication proceeding Bureau Chief hearing officer Counsel Decisional employee Director Enforcement counsel Final order General Counsel Hearing officer Notice of charges Office of Administrative Adjudication Office of Enforcement Party Person Person employed by the Bureau Respondent State § 1081.104 Authority of the hearing officer. (a) General rule. (b) Powers. (1) To administer oaths and affirmations; (2) To issue subpoenas, subpoenas duces tecum, (3) To take depositions or cause depositions to be taken; (4) To receive relevant evidence and to rule upon the admission of evidence and offers of proof; (5) To regulate the course of a proceeding and the conduct of parties and their counsel; (6) To reject written submissions that materially fail to comply with the requirements of this part, and to deny confidential status to documents and testimony without prejudice until a party complies with all relevant rules of this chapter; (7) To hold conferences for settlement, simplification of the issues, or any other proper purpose and require the attendance at any such conference of at least one representative of each party who has authority to negotiate concerning the resolution of issues in controversy; (8) To inform the parties as to the availability of one or more alternative means of dispute resolution, and to encourage the use of such methods; (9) To certify questions to the Director for his or her determination in accordance with the rules of this part; (10) To consider and rule upon, as justice may require, all procedural and other motions appropriate in adjudication proceedings; (11) To issue and file recommended decisions; (12) To recuse himself or herself by motion made by a party or on his or her own motion; (13) To issue such sanctions against parties or their counsel as may be necessary to deter repetition of sanctionable conduct or comparable conduct by others similarly situated, as provided for in this part or as otherwise necessary to the appropriate conduct of hearings and related proceedings, provided that no sanction shall be imposed before providing the sanctioned person an opportunity to show cause why no such sanction should issue; and (14) To do all other things necessary and appropriate to discharge the duties of a presiding officer. § 1081.105 Assignment, substitution, performance, disqualification of hearing officer. (a) How assigned. (b) Interference. (c) Disqualification of hearing officers. (2) Any party who has a reasonable, good faith basis to believe that a hearing officer has a personal bias, or is otherwise disqualified from hearing a case, may make a motion to the hearing officer that the hearing officer withdraw. The motion shall be accompanied by an affidavit setting forth the facts alleged to constitute grounds for disqualification. Such motion shall be filed at the earliest practicable time after the party learns, or could reasonably have learned, of the alleged grounds for disqualification. If the hearing officer does not disqualify himself or herself within 14 days, he or she shall certify the motion to the Director pursuant to § 1081.211, together with any statement he or she may wish to have considered by the Director. The Director shall promptly determine the validity of the grounds alleged, either directly or on the report of another hearing officer appointed to conduct a hearing for that purpose, and shall either direct the reassignment of the matter or confirm the hearing officer's continued role in the matter. (d) Unavailability of hearing officer. § 1081.106 Deadlines. The deadlines for action by the hearing officer established by §§ 1081.203, 1081.205, 1081.211, 1081.212, and 1081.400, or elsewhere in this part, confer no substantive rights on respondents. § 1081.107 Appearance and practice in adjudication proceedings. (a) Appearance before the Bureau or a hearing officer. By attorneys. (2) By non-attorneys. (i) An individual may appear on his or her own behalf; (ii) A member of a partnership may represent the partnership; (iii) A duly authorized officer of a corporation, trust, or association may represent the corporation, trust or association; and (iv) A duly authorized officer or employee of any government unit, agency, or authority may represent that unit, agency, or authority. (3) Notice of appearance. (b) Sanctions. (c) Standards of conduct; disbarment. (2) If for good cause shown, the Director believes that any attorney is not conforming to such standards, or that an attorney or counsel to a party has otherwise engaged in conduct warranting disciplinary action, the Director may issue an order requiring such person to show cause why he should not be suspended or disbarred from practice before the Bureau. The alleged offender shall be granted due opportunity to be heard in his or her own defense and may be represented by counsel. Thereafter, if warranted by the facts, the Director may issue against the attorney or counsel an order of reprimand, suspension, or disbarment. § 1081.108 Good faith certification. (a) General requirement. (b) Effect of signature. (2) If a filing or submission of record is not signed, the hearing officer shall strike the filing or submission of record, unless it is signed promptly after the omission is called to the attention of the filer. (c) Effect of making oral motion or argument. (d) Sanctions. § 1081.109 Conflict of interest. (a) Conflict of interest in representation. (b) Certification and waiver. (1) That the counsel has personally and fully discussed the possibility of conflicts of interest with each such party and non-party; and (2) That each such party and/or non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any conflicts of interest during the course of the proceeding. § 1081.110 Ex parte communication. (a) Definitions. ex parte communication (i) An interested person not employed by the Bureau (including such person's counsel); and (ii) The hearing officer handling the proceeding, the Director, or a decisional employee. (2) Exception. (3) Pendency of an adjudication proceeding (b) Prohibited ex parte communications. (1) No interested person not employed by the Bureau shall make or knowingly cause to be made to the Director, or to the hearing officer, or to any decisional employee, an ex parte communication; and (2) The Director, the hearing officer, or any decisional employee shall not make or knowingly cause to be made to any interested person not employed by the Bureau any ex parte communication. (c) Procedure upon occurrence of ex parte communication. (d) Sanctions Adverse action on claim. (2) Discipline of persons practicing before the Bureau. (e) Separation of functions. § 1081.111 Filing of papers. (a) Filing. (b) Manner of filing. (1) Electronic transmission in accordance with guidance issued by the Office of Administrative Adjudication; or (2) Any of the following methods if respondent demonstrates, in accordance with guidance issued by the Office of Administrative Adjudication, that electronic filing is not practicable: (i) Personal delivery; (ii) Delivery to a reliable commercial courier service or overnight delivery service; or (iii) Mailing the papers through the U.S. Postal Service by First Class Mail, Registered Mail, Certified Mail or Express Mail. (c) Papers filed in an adjudication proceeding are presumed to be public. § 1081.112 Formal requirements as to papers filed. (a) Form. (1) Set forth the name, address, telephone number, and email address of the counsel or party making the filing; (2) Be double-spaced (except for single-spaced footnotes and single-spaced indented quotations) and printed or typewritten on 8 1/2 (3) Include at the head of the paper, or on a title page, a caption setting forth the title of the case, the docket number of the proceeding, and a brief descriptive title indicating the purpose of the paper; (4) Be paginated with margins at least one inch wide; and (5) If filed by other than electronic means, be stapled, clipped, or otherwise fastened in a manner that lies flat when opened. (b) Signature. (c) Number of copies. (d) Authority to reject document for filing. (e) Sensitive personal information. (f) Confidential treatment of information in certain filings. (1) A complete, sealed copy of the documents containing the materials as to which confidential treatment is sought, with the allegedly confidential material clearly marked as such, and with the first page of the document labeled “Under Seal.” If the movant seeks or has obtained a protective order against disclosure to other parties as well as the public, copies of the documents shall not be served on other parties; and (2) An expurgated copy of the materials as to which confidential treatment is sought, with the allegedly confidential materials redacted. The redacted version shall indicate any omissions with brackets or ellipses, and its pagination and depiction of text on each page shall be identical to that of the sealed version. (g) Certificate of service. § 1081.113 Service of papers. (a) When required. (b) Upon a person represented by counsel. (c) Method of service. (1) Transmitting the papers by electronic transmission where the persons so serving each other have consented to service by specified electronic transmission and provided the Bureau and the parties with notice of the means for service by electronic transmission ( e.g., (2) Handing a copy to the person required to be served; or leaving a copy at the person's office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling or usual place of abode with some person of suitable age and discretion then residing therein; (3) Mailing the papers through the U.S. Postal Service by First Cass Mail, Registered Mail, Certified Mail, or Express Mail delivery addressed to the person; or (4) Sending the papers through a third-party commercial courier service or express delivery service. (d) Service of certain papers by the Office of Enforcement or the Office of Administrative Adjudication Service of a notice of charges by the Office of Enforcement. To individuals. (ii) To corporations or entities. (iii) Upon persons registered with the Bureau. (iv) Upon persons in a foreign country. (v) Record of service. (vi) Waiver of service. (2) Service of recommended decisions and final orders. § 1081.114 Construction of time limits. (a) General rule. (b) When papers are deemed to be filed or served. (1) In the case of personal service or same day commercial courier delivery, upon actual receipt by person served; (2) In the case of overnight commercial delivery service, Express Mail delivery, First Class Mail, Registered Mail, or Certified Mail, upon deposit in or delivery to an appropriate point of collection; or (3) In the case of electronic transmission, upon transmission. (c) Calculation of time for service and filing of responsive papers. (1) If service is made by First Class Mail, Registered Mail, or Certified Mail, add three calendar days to the prescribed period; (2) If service is made by Express Mail or overnight delivery service, add one calendar day to the prescribed period; or (3) If service is made by electronic transmission, add one calendar day to the prescribed period. § 1081.115 Change of time limits. (a) Except as otherwise provided by law, the hearing officer may, in any proceeding before him or her, for good cause shown, extend the time limits prescribed by this part or by any notice or order issued in the proceedings. After appeal to the Director pursuant to § 1081.402, the Director may grant extensions of the time limits for good cause shown. Extensions may be granted on the motion of a party after notice and opportunity to respond is afforded all non-moving parties or on the Director's or the hearing officer's own motion, as appropriate. (b) Considerations in determining whether to extend time limits or grant postponements, adjournments and extensions. (1) The length of the proceeding to date; (2) The number of postponements, adjournments or extensions already granted; (3) The stage of the proceedings at the time of the motion; (4) The impact of the motion on the hearing officer's ability to complete the proceeding in the time specified by § 1081.400(a); and (5) Any other matters as justice may require. (c) Time limit. (d) No effect on deadline for recommended decision. § 1081.116 Witness fees and expenses. Respondents shall pay to witnesses subpoenaed for testimony or depositions on their behalf the same fees for attendance and mileage as are paid in the United States district courts in proceedings in which the United States is a party, provided that, in the case of a deposition subpoena addressed to a party, no witness fees or mileage need be paid. Fees for witnesses shall be tendered in advance by any respondent requesting the issuance of a subpoena, except that fees and mileage need not be tendered in advance where the Office of Enforcement is the party requesting the subpoena. The Bureau shall pay to witnesses subpoenaed for testimony or depositions on behalf of the Office of Enforcement the same fees for attendance and mileage as are paid in the United States district courts in proceedings in which the United States is a party, but the Bureau need not tender such fees in advance. § 1081.117 Bureau's right to conduct examination, collect information. Nothing contained in this part limits in any manner the right of the Bureau to conduct any examination, inspection, or visitation of any person, to conduct or continue any form of investigation authorized by law, to collect information in order to monitor the market for risks to consumers in the offering or provision of consumer financial products or services, or to otherwise gather information in accordance with law. § 1081.118 Collateral attacks on adjudication proceedings. Unless a court of competent jurisdiction, or the Director for good cause, so directs, if an interlocutory appeal or collateral attack is brought in any court concerning all or any part of an adjudication proceeding, the challenged adjudication proceeding shall continue without regard to the pendency of that court proceeding. No default or other failure to act as directed in the adjudication proceeding within the times prescribed in this part shall be excused based on the pendency before any court of any interlocutory appeal or collateral attack. § 1081.119 Confidential information; protective orders. (a) Rights of third parties. (b) Procedure. (c) Basis for issuance. (1) Upon a finding that public disclosure will likely result in a clearly defined, serious injury to the party or third party requesting confidential treatment; (2) After finding that the material constitutes sensitive personal information, as defined in § 1081.112(e); (3) If all parties, including third parties to the extent their information is at issue, stipulate to the entry of a protective order; or (4) Where public disclosure is prohibited by law. (d) Requests for additional information supporting confidentiality. (e) Confidentiality of documents pending decision. § 1081.120 Settlement. (a) Availability. (b) Procedure. (c) Consideration of offers of settlement. (2) Any settlement offer shall be presented to the Director with a recommendation, except that, if the recommendation is unfavorable, the offer shall not be presented to the Director unless the person making the offer so requests. (3) By submitting an offer of settlement, the person making the offer waives, subject to acceptance of the offer: (i) All hearings pursuant to the statutory provisions under which the proceeding has been instituted; (ii) The filing of proposed findings of fact and conclusions of law; (iii) Proceedings before, and a recommended decision by, a hearing officer; (iv) All post-hearing procedures; (v) Judicial review by any court; and (vi) Any objection to the jurisdiction of the Bureau under section 1053 of the Dodd-Frank Act. (4) By submitting an offer of settlement the person further waives: (i) Such provisions of this part or other requirements of law as may be construed to prevent any Bureau employee from participating in the preparation of, or advising the Director as to, any order, opinion, finding of fact, or conclusion of law to be entered pursuant to the offer; and (ii) Any right to claim bias or prejudgment by the Director based on the consideration of or discussions concerning settlement of all or any part of the proceeding. (5) If the Director rejects the offer of settlement, the person making the offer shall be notified of the Director's action and the offer of settlement shall be deemed withdrawn. The rejected offer shall not constitute a part of the record in any proceeding against the person making the offer, provided, however, that rejection of an offer of settlement does not affect the continued validity of waivers pursuant to paragraph (c)(4) of this section with respect to any discussions concerning the rejected offer of settlement. (d) Consent orders. § 1081.121 Cooperation with other agencies. It is the policy of the Bureau to cooperate with other governmental agencies to avoid unnecessary overlap or duplication of regulatory functions. Subpart B—Initiation of Proceedings and Prehearing Rules § 1081.200 Commencement of proceeding and contents of notice of charges. (a) Commencement of proceeding. (b) Contents of a notice of charges. (1) The legal authority for the proceeding and for the Bureau's jurisdiction over the proceeding; (2) A statement of the matters of fact and law showing that the Bureau is entitled to relief; (3) A proposed order or prayer for an order granting the requested relief; (4) The time and place of the hearing as required by law or regulation; (5) The time within which to file an answer as required by law or regulation; (6) That the answer shall be filed and served in accordance with subpart A of this part; and (7) The docket number for the adjudication proceeding. (c) Publication of notice of charges. Federal Register. (d) Commencement of proceeding through a consent order. (e) Voluntary dismissal Without an order. (i) A notice of dismissal before the respondent(s) serves an answer; or (ii) A stipulation of dismissal signed by all parties who have appeared. (2) Effect. § 1081.201 Answer and disclosure statement and notification of financial interest. (a) Time to file answer. (b) Content of answer. (c) If the allegations of the complaint are admitted. (d) Default. (2) A motion to set aside a default shall be made within a reasonable time, state the reasons for the failure to appear or defend, and specify the nature of the proposed defense in the proceeding. In order to prevent injustice and on such conditions as may be appropriate, the hearing officer, at any time prior to the filing of the recommended decision, or the Director, at any time, may for good cause shown set aside a default. (e) Disclosure statement and notification of financial interest Who must file; contents. (i) Identifies any parent corporation, any publicly owned corporation owning ten percent or more of its stock, and any publicly owned corporation not a party to the proceeding that has a financial interest in the outcome of the proceeding and the nature of that interest; or (ii) States that there are no such corporations. (2) Time for filing; supplemental filing. (i) File the disclosure statement with its first appearance, pleading, motion, response, or other request addressed to the hearing officer or the Bureau; and (ii) Promptly file a supplemental statement if any required information changes. § 1081.202 Amended pleadings. (a) Amendments before the hearing. (b) Amendments to conform to the evidence. § 1081.203 Scheduling conference. (a) Meeting of the parties before scheduling conference. (b) Scheduling conference. scheduling conference. (1) Determination of the dates and location of the hearing, including, in proceedings under section 1053(b) of the Dodd-Frank Act, whether the hearing should commence later than 60 days after service of the notice of charges; (2) Simplification and clarification of the issues; (3) Amendments to pleadings; (4) Settlement of any or all issues; (5) Production of documents as set forth in § 1081.206 and of witness statements as set forth in § 1081.207, and prehearing production of documents in response to subpoenas duces tecum (6) Whether or not the parties intend to move for summary disposition of any or all issues; (7) Whether the parties intend to seek the deposition of witnesses pursuant to § 1081.209; (8) A schedule for the exchange of expert reports and the taking of expert depositions, if any; and (9) Such other matters as may aid in the orderly disposition of the proceeding. (c) Transcript. (d) Scheduling order. (e) Failure to appear, default. (f) Public access. § 1081.204 Consolidation and severance of actions. (a) Consolidation. (2) In the event of consolidation under paragraph (a)(1) of this section, appropriate adjustment to the prehearing schedule may be made to avoid unnecessary expense, inconvenience, or delay. (b) Severance. (1) Undue prejudice or injustice to the moving party would result from not severing the proceeding; and (2) Such undue prejudice or injustice would outweigh the interests of judicial economy and expedition in the complete and final resolution of the proceeding. § 1081.205 Non-dispositive motions. (a) Scope. (b) In writing. (2) All written motions must state with particularity the relief sought and must be accompanied by a proposed order. (3) No oral argument may be held on written motions except as otherwise directed by the hearing officer. Written memoranda, briefs, affidavits or other relevant material or documents may be filed in support of or in opposition to a motion. (c) Oral motions. (d) Responses and replies. (2) Reply briefs, if any, may be filed within seven days after service of the response. (3) The failure of a party to oppose a written motion or an oral motion made on the record is deemed consent by that party to the entry of an order substantially in the form of the order accompanying the motion. (e) Length limitations. (f) Meet and confer requirements. (g) Ruling on non-dispositive motions. (h) Proceedings not stayed. (i) Dilatory motions. § 1081.206 Availability of documents for inspection and copying. For purposes of this section, the term documents (a) Documents to be available for inspection and copying. (i) Any documents turned over in response to civil investigative demands or other written requests to provide documents or to be interviewed issued by the Office of Enforcement; (ii) All transcripts and transcript exhibits; and (iii) Any other documents obtained from persons not employed by the Bureau. (2) In addition, the Office of Enforcement shall make available for inspection and copying by any respondent: (i) Each civil investigative demand or other written request to provide documents or to be interviewed issued by the Office of Enforcement in connection with the investigation leading to the institution of proceedings; and (ii) Any final examination or inspection reports prepared by any other Office of the Bureau if the Office of Enforcement either intends to introduce any such report into evidence or to use any such report to refresh the recollection of, or impeach, any witness. (3) Nothing in paragraph (a) of this section shall limit the right of the Office of Enforcement to make available any other document, or shall limit the right of a respondent to seek access to or production pursuant to subpoena of any other document, or shall limit the authority of the hearing officer to order the production of any document pursuant to subpoena. (4) Nothing in paragraph (a) of this section shall require the Office of Enforcement to produce a final examination or inspection report prepared by any other Office of the Bureau or any other government agency to a respondent who is not the subject of that report. (b) Documents that may be withheld. (i) The document is privileged; (ii) The document is an internal memorandum, note or writing prepared by a person employed by the Bureau or another government agency, other than an examination or supervision report as specified in paragraph (a)(2)(ii) of this section, or would otherwise be subject to the work product doctrine and will not be offered in evidence; (iii) The document was obtained from a domestic or foreign governmental entity and is either not relevant to the resolution of the proceeding or was provided on condition that the information not be disclosed; (iv) The document would disclose the identity of a confidential source; (v) Applicable law prohibits the disclosure of the document; or (vi) The hearing officer grants leave to withhold a document or category of documents as not relevant to the subject matter of the proceeding or otherwise, for good cause shown. (2) Nothing in paragraph (b)(1) of this section authorizes the Office of Enforcement in connection with an adjudication proceeding to withhold material exculpatory evidence in the possession of the Office that would otherwise be required to be produced pursuant to paragraph (a) of this section. (c) Withheld document list. (d) Timing of inspection and copying. (e) Place of inspection and copying. (f) Copying costs and procedures. (g) Duty to supplement. (h) Failure to make documents available—harmless error. (i) Disclosure of privileged or protected information or communications; scope of waiver; obligations of receiving party. (i) The disclosure was inadvertent; (ii) The holder of the privilege or protection took reasonable steps to prevent disclosure; and (iii) The holder promptly took reasonable steps to rectify the error, including notifying any party that received the information or communication of the claim and the basis for it. (2) After being notified, the receiving party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information to the hearing officer under seal for a determination of the claim. The producing party must preserve the information until the claim is resolved. (3) The disclosure of privileged or protected information or communications by any party during an adjudication proceeding shall waive the privilege or protection, with respect to other parties to the proceeding, as to undisclosed information or communications only if: (i) The waiver is intentional; (ii) The disclosed and undisclosed information or communications concern the same subject matter; and (iii) They ought in fairness to be considered together. § 1081.207 Production of witness statements. (a) Availability. (b) Failure to produce—harmless error. § 1081.208 Subpoenas. (a) Availability. (b) Procedure. (c) Signing may be delegated. (d) Standards for issuance. (e) Service. (f) Tender of fees required. (g) Production of documentary material. (h) Motion to quash or modify. Procedure. (2) Standards governing motion to quash or modify. (i) Enforcing subpoenas. § 1081.209 Deposition of witness unavailable for hearing. (a) General rules. duces tecum, (i) The witness will be unable to attend or may be prevented from attending the hearing because of age, sickness, or infirmity, or will otherwise be unavailable; (ii) The witness's unavailability was not procured or caused by the subpoenaing party; (iii) The testimony is reasonably expected to be material; and (iv) Taking the deposition will not result in any undue burden to any other party and will not cause undue delay of the proceeding. (2) In addition to making a showing as required by paragraph (a)(1) of this section, the request for a deposition subpoena must contain a proposed deposition subpoena and a brief statement showing the general relevance and reasonableness of the scope of testimony and documents sought, and the time and place for taking the deposition. Any request to record the deposition by audio-visual means must be made in the request for a deposition subpoena. (3) Any requested deposition subpoena that sets forth a valid basis for its issuance must be promptly issued, unless the hearing officer on his or her own motion requires a written response or requires attendance at a conference concerning whether the requested subpoena should be issued. However, where it appears to the hearing officer that the deposition subpoena sought may be unreasonable, oppressive, excessive in scope, or unduly burdensome, he or she may, in his or her discretion, as a condition precedent to the issuance of the deposition subpoena, require the person seeking the deposition subpoena to show further the general relevance and reasonable scope of the testimony or other evidence sought. If after consideration of all the circumstances, the hearing officer determines that the deposition subpoena or any of its terms is unreasonable, oppressive, excessive in scope, or unduly burdensome, he or she may refuse to issue the deposition subpoena, or issue it only upon such conditions as fairness requires. In making the foregoing determination, the hearing officer may inquire of the other participants whether they will stipulate to the facts sought to be proved. (4) Unless the hearing officer orders otherwise, no deposition under this section shall be taken on fewer than 14 days' notice to the witness and all parties. (b) Procedure. (c) Signing may be delegated. (d) Service. (e) Tender of fees required. (f) Motion to quash or modify. Procedure. (2) Standards governing motion to quash or modify. (g) Procedure upon deposition. (2) The witness being deposed may have an attorney present during the deposition. (3) Each witness testifying pursuant to a deposition subpoena must be duly sworn, and each party shall have the right to examine the witness. Objections to questions or documents must be in short form, stating the grounds for the objection. Objections to questions of evidence shall be noted by the deposition officer upon the deposition, but a deposition officer other than the hearing officer shall not have the power to decide on the competency, materiality, or relevance of evidence. Failure to object to questions or documents is not deemed a waiver except where the ground for the objection might have been avoided if the objection had been timely presented. All questions, answers, and objections must be recorded. (4) The deposition must be subscribed by the witness, unless the parties and the witness, by stipulation, have waived the signing, or the witness is ill, cannot be found, or has refused to sign. If the deposition is not subscribed by the witness, the court reporter taking the deposition shall certify that the transcript is a true and complete transcript of the deposition. (5) The original deposition transcript and exhibits shall be filed with the Office of Administrative Adjudication. The cost of the transcript shall be paid by the party requesting the deposition. A copy of the deposition shall be available to the deponent and each party for purchase at prescribed rates. (h) Enforcing subpoenas. § 1081.210 Expert discovery. (a) At a date set by the hearing officer at the scheduling conference, each party shall serve the other with a report prepared by each of its expert witnesses. Each party shall serve the other parties with a list of any rebuttal expert witnesses and a rebuttal report prepared by each such witness not later than 28 days after the deadline for service of expert reports, unless another date is set by the hearing officer. A rebuttal report shall be limited to rebuttal of matters set forth in the expert report for which it is offered in rebuttal. If material outside the scope of fair rebuttal is presented, a party may file a motion not later than seven days after the deadline for service of rebuttal reports, seeking appropriate relief with the hearing officer, including striking all or part of the report, leave to submit a surrebuttal report by the party's own experts, or leave to call a surrebuttal witness and to submit a surrebuttal report by that witness. (b) No party may call an expert witness at the hearing unless he or she has been listed and has provided reports as required by this section, unless otherwise directed by the hearing officer at a scheduling conference. Each side will be limited to calling at the hearing five expert witnesses, including any rebuttal or surrebuttal expert witnesses. A party may file a motion seeking leave to call additional expert witnesses due to extraordinary circumstances. (c) Each report shall be signed by the expert and contain a complete statement of all opinions to be expressed and the basis and reasons therefore; the data, materials, or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored or co-authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified or sought to testify as an expert at trial or hearing, or by deposition within the preceding four years. A rebuttal or surrebuttal report need not include any information already included in the initial report of the witness. (d) A party may depose any person who has been identified as an expert whose opinions may be presented at trial. Unless otherwise ordered by the hearing officer, a deposition of any expert witness shall be conducted after the disclosure of a report prepared by the witness in accordance with paragraph (a) of this section, and at least seven days prior to the deadline for submission of rebuttal expert reports. A deposition of an expert witness shall be completed no later than 14 days before the hearing unless otherwise ordered by the hearing officer. No expert deposition shall exceed eight hours on the record, absent agreement of the parties or an order of the hearing officer for good cause shown. Expert depositions shall be conducted pursuant to the procedures set forth in § 1081.209(g). (e) A party may not discover facts known or opinions held by an expert who has been retained or specifically employed by another party in anticipation of litigation or preparation for the hearing and who is not listed as a witness for the hearing. A party may not discover drafts of any report required by this section, regardless of the form in which the draft is recorded, or any communications between another party's attorney and any of that other party's experts, regardless of the form of the communications, except to the extent that the communications: (1) Relate to compensation for the testifying expert's study or testimony; (2) Identify facts or data that the other party's attorney provided and that the testifying expert considered in forming the opinions to be expressed; or (3) Identify assumptions that the other party's attorney provided and that the testifying expert relied on in forming the opinions to be expressed. (f) The hearing officer shall have the discretion to dispense with the requirement of expert discovery in appropriate cases. § 1081.211 Interlocutory review. (a) Availability. (b) Procedure. (c) Certification process. (1) The ruling or order would compel testimony of Bureau officers or employees, or those from another governmental agency, or the production of documentary evidence in the custody of the Bureau or another governmental agency; (2) The ruling or order involves a motion for disqualification of the hearing officer pursuant to § 1081.105(c)(2); (3) The ruling or order suspended or barred an individual from appearing before the Bureau pursuant to § 1081.107(c); or (4) Upon motion by a party, the hearing officer is of the opinion that: (i) The ruling or order involves a controlling question of law as to which there is substantial ground for difference of opinion; and (ii) An immediate review of the ruling or order is likely to materially advance the completion of the proceeding or subsequent review will be an inadequate remedy. (d) Interlocutory review. (e) Director review. (f) Proceedings not stayed. § 1081.212 Dispositive motions. (a) Dispositive motions. (b) Motions to dismiss. (c) Motion for summary disposition. (1) There is no genuine issue as to any material fact; and (2) The moving party is entitled to a decision in its favor as a matter of law. (d) Filing of motions for summary disposition and responses. (2) A motion for summary disposition must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue. Such motion must be supported by documentary evidence, which may take the form of admissions in pleadings, stipulations, depositions, investigatory depositions, transcripts, affidavits and any other evidentiary materials that the moving party contends support his or her position. The motion must also be accompanied by a brief containing the points and authorities in support of the contention of the moving party. Any party opposing a motion for summary disposition must file a statement setting forth those material facts as to which he or she contends a genuine dispute exists. Such opposition must be supported by evidence of the same type as may be submitted in support of a motion for summary disposition and a brief containing the points and authorities in support of the contention that summary disposition would be inappropriate. (3) Any affidavit or declaration submitted in support of or in opposition to a motion for summary disposition shall set forth such facts as would be admissible in evidence, shall show affirmatively that the affiant is competent to testify to the matters stated therein, and must be signed under oath and penalty of perjury. (e) Page limitations for dispositive motions. (f) Opposition and reply response time and page limitation. (g) Oral argument. (h) Decision on motion. § 1081.213 Partial summary disposition. If on a motion for summary disposition under § 1081.212 a decision is not rendered upon the whole case or for all the relief asked and a hearing is necessary, the hearing officer shall issue an order specifying the facts that appear without substantial controversy and directing further proceedings in the action. The facts so specified shall be deemed established. § 1081.214 Prehearing conferences. (a) Prehearing conferences. (1) Identification of potential witnesses and limitation on the number of witnesses; (2) The exchange of any prehearing materials including witness lists, statements of issues, exhibits, and any other materials; (3) Stipulations, admissions of fact, and the contents, authenticity, and admissibility into evidence of documents; (4) Matters of which official notice may be taken; and (5) Whether the parties intend to introduce prior sworn statements of witnesses as set forth in § 1081.303(h). (b) Transcript. (c) Public access. § 1081.215 Prehearing submissions. (a) Generally. (1) A prehearing statement, which shall include an outline or narrative summary of its case or defense, and the legal theories upon which it will rely; (2) A final list of witnesses to be called to testify at the hearing, including the name and address of each witness and a short summary of the expected testimony of each witness; (3) Any prior sworn statements that a party intends to admit into evidence pursuant to § 1081.303(h); (4) A list of the exhibits to be introduced at the hearing along with a copy of each exhibit; and (5) Any stipulations of fact or liability. (b) Expert witnesses. (c) Effect of failure to comply. § 1081.216 Amicus participation. (a) Availability. (1) A motion for leave to file the brief has been granted; (2) The brief is accompanied by written consent of all parties; (3) The brief is filed at the request of the Director or the hearing officer, as appropriate; or (4) The brief is presented by the United States or an officer or agency thereof, or by a State or a political subdivision thereof. (b) Procedure. (c) Motions. (d) Formal requirements as to amicus briefs. (e) Oral argument. Subpart C—Hearings § 1081.300 Public hearings. All hearings in adjudication proceedings shall be public unless a confidentiality order is entered by the hearing officer pursuant to § 1081.119 or unless otherwise ordered by the Director on the grounds that holding an open hearing would be contrary to the public interest. § 1081.301 Failure to appear. Failure of a respondent to appear in person or by a duly authorized counsel at the hearing constitutes a waiver of respondent's right to a hearing and may be deemed an admission of the facts as alleged and consent to the relief sought in the notice of charges. Without further proceedings or notice to the respondent, the hearing officer shall file a recommended decision containing findings of fact and addressing the relief sought in the notice of charges. § 1081.302 Conduct of hearings. All hearings shall be conducted in a fair, impartial, expeditious, and orderly manner. Enforcement counsel shall present its case-in-chief first, unless otherwise ordered by the hearing officer, or unless otherwise expressly specified by law or regulation. Enforcement counsel shall be the first party to present an opening statement and a closing statement, and may make a rebuttal statement after the respondent's closing statement. If there are multiple respondents, respondents may agree among themselves as to their order of presentation of their cases, but if they do not agree, the hearing officer shall fix the order. § 1081.303 Evidence. (a) Burden of proof. (b) Admissibility. (2) Evidence, even if relevant, may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice or confusion of the issues; if the evidence would be misleading; or based on considerations of undue delay, waste of time, or needless presentation of cumulative evidence. (3) Evidence that constitutes hearsay may be admitted if it is relevant, material, and bears satisfactory indicia of reliability so that its use is fair. Hearsay is a statement, other than one made by the declarant while testifying at the hearing, offered in evidence to prove the truth of the matter asserted. If otherwise meeting the standards for admissibility described in this section, transcripts of depositions, investigational hearings, prior testimony in Bureau or other proceedings, and any other form of hearsay shall be admissible and shall not be excluded solely on the ground that they are or contain hearsay. (4) Evidence that would be admissible under the Federal Rules of Evidence is admissible in a proceeding conducted pursuant to this part. Evidence that would be inadmissible under the Federal Rules of Evidence may not be deemed or ruled to be inadmissible in a proceeding conducted pursuant to this part solely on that basis. (c) Official notice. (d) Documents. (2) Subject to the requirements of paragraph (b) of this section, any document, including a report of examination, supervisory activity, inspection or visitation, prepared by the Bureau, a prudential regulator, as that term is defined in section 1002(24) of the Dodd-Frank Act, or by a State regulatory agency, is presumptively admissible either with or without a sponsoring witness. (3) Witnesses may use existing or newly created charts, exhibits, calendars, calculations, outlines, or other graphic material to summarize, illustrate, or simplify the presentation of testimony. Such materials may, subject to the hearing officer's discretion, be used with or without being admitted into evidence. (4) As respondents are in the best position to determine the nature of documents generated by such respondents and which come from their own files, the burden of proof is on the respondent to introduce evidence to rebut a presumption that such documents are authentic and kept in the regular course of business. (e) Objections. (2) Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof, which shall be included in the record. Rejected exhibits, adequately marked for identification, shall be retained pursuant to § 1081.306(b) so as to be available for consideration by any reviewing authority. (3) Failure to object to admission of evidence or to any ruling constitutes a waiver of the objection. (f) Stipulations. (2) Unless the hearing officer directs otherwise, all stipulations of fact and law previously agreed upon by the parties, and all documents, the admissibility of which have been previously stipulated, will be admitted into evidence upon commencement of the hearing. (g) Presentation of evidence. (2) A party is entitled to present its case or defense by sworn oral testimony and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as, in the discretion of the hearing officer, may be required for a full and true disclosure of the facts. (3) An adverse party, or an officer, agent, or employee thereof, and any witness who appears to be hostile, unwilling, or evasive, may be interrogated by leading questions and may also be contradicted and impeached by the party calling him or her. (4) The hearing officer shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: (i) Make the interrogation and presentation effective for the ascertainment of the truth; (ii) Avoid needless consumption of time; and (iii) Protect witnesses from harassment or undue embarrassment. (5) The hearing officer may permit a witness to appear at a hearing via video conference or telephone for good cause shown. (h) Introducing prior sworn statements of witnesses into the record. (1) The witness is dead; (2) The witness is out of the United States, unless it appears that the absence of the witness was procured by the party offering the prior sworn statement; (3) The witness is unable to attend or testify because of age, sickness, infirmity, imprisonment, or other disability; (4) The party offering the prior sworn statement has been unable to procure the attendance of the witness by subpoena; or (5) In the discretion of the hearing officer, it would be desirable, in the interests of justice, to allow the prior sworn statement to be used. In making this determination, due regard shall be given to the presumption that witnesses will testify orally in an open hearing. If the parties have stipulated to accept a prior sworn statement in lieu of live testimony, consideration shall also be given to the convenience of the parties in avoiding unnecessary expense. § 1081.304 Record of the hearing. (a) Reporting and transcription. (b) Corrections. (c) Closing of the hearing record. § 1081.305 Post-hearing filings. (a) Proposed findings and conclusions and supporting briefs. (2) Proposed findings and conclusions must be supported by citation to any relevant authorities and by page references to any relevant portions of the record. A post-hearing brief may be filed in support of proposed findings and conclusions, either as part of the same document or in a separate document. (b) Responsive briefs. (c) Order of filing. § 1081.306 Record in proceedings before hearing officer; retention of documents; copies. (a) Contents of the record. (1) The notice of charges, the answer, and any amendments thereto; (2) Each motion, submission, or other paper filed in the proceedings, and any amendments and exceptions to or regarding them; (3) Each stipulation, transcript of testimony, and any document or other item admitted into evidence; (4) Any transcript of a conference or hearing before the hearing officer; (5) Any amicus briefs filed pursuant to § 1081.216; (6) With respect to a request to disqualify a hearing officer or to allow the hearing officer's withdrawal under § 1081.105(c), each affidavit or transcript of testimony taken and the decision made in connection with the request; (7) All motions, briefs, and other papers filed on interlocutory appeal; (8) All proposed findings and conclusions; (9) Each written order issued by the hearing officer or Director; and (10) Any other document or item accepted into the record by the hearing officer. (b) Retention of documents not admitted. (c) Substitution of copies. Subpart D—Decision and Appeals § 1081.400 Recommended decision of the hearing officer. (a) Time period for filing recommended decision. (b) Extension of deadlines. (c) Content. (2) Consistent with paragraph (a) of this section, when more than one claim for relief is presented in an adjudication proceeding, or when multiple parties are involved, the hearing officer may direct the entry of a recommended decision as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of a recommended decision. (d) By whom made. (e) Reopening of proceeding by hearing officer; termination of jurisdiction. (2) Except for the correction of clerical errors or pursuant to an order of remand from the Director, the jurisdiction of the hearing officer is terminated upon the filing of his or her recommended decision with respect to those issues decided pursuant to paragraph (c) of this section. (f) Filing, service, and publication. § 1081.401 Transmission of documents to Director; record index; certification. (a) Filing of index. (b) Retention of record items by the Office of Administrative Adjudication. § 1081.402 Notice of appeal; review by the Director. (a) Notice of appeal. Filing. (2) Perfecting a notice of appeal. (b) Director review other than pursuant to an appeal. (c) Exhaustion of administrative remedies. § 1081.403 Briefs filed with the Director. (a) Contents of briefs. (b) Length limitation. § 1081.404 Oral argument before the Director. (a) Availability. (b) Public arguments; transcription. § 1081.405 Decision of the Director. (a) Upon appeal from or upon further review of a recommended decision, the Director will consider such parts of the record as are cited or as may be necessary to resolve the issues presented and, in addition, will, to the extent necessary or desirable, exercise all powers which he or she could have exercised if he or she had made the recommended decision. In proceedings before the Director, the record shall consist of all items part of the record below in accordance with § 1081.306; any notices of appeal or order directing review; all briefs, motions, submissions, and other papers filed on appeal or review; and the transcript of any oral argument held. Review by the Director of a recommended decision may be limited to the issues specified in the notice(s) of appeal or the issues, if any, specified in the order directing further briefing. On notice to all parties, however, the Director may, at any time prior to issuance of his or her decision, raise and determine any other matters that he or she deems material, with opportunity for oral or written argument thereon by the parties. (b) Decisional employees may advise and assist the Director in the consideration and disposition of the case. (c) In rendering his or her decision, the Director will affirm, adopt, reverse, modify, set aside, or remand for further proceedings the recommended decision and will include in the decision a statement of the reasons or basis for his or her actions and the findings of fact upon which the decision is predicated. (d) At the expiration of the time permitted for the filing of reply briefs with the Director, the Office of Administrative Adjudication will notify the parties that the case has been submitted for final Bureau decision. The Director will issue and the Office of Administrative Adjudication will serve the Director's final decision and order within 90 days after such notice, unless within that time the Director orders that the adjudication proceeding or any aspect thereof be remanded to the hearing officer for further proceedings. (e) Copies of the final decision and order of the Director shall be served upon each party to the proceeding, upon other persons required by statute, and, if directed by the Director or required by statute, upon any appropriate State or Federal supervisory authority. The final decision and order will also be published on the Bureau's website or as otherwise deemed appropriate by the Bureau. § 1081.406 Reconsideration. Within 14 days after service of the Director's final decision and order, any party may file with the Director a petition for reconsideration, briefly and specifically setting forth the relief desired and the grounds in support thereof. Any petition filed under this section must be confined to new questions raised by the final decision or final order and upon which the petitioner had no opportunity to argue, in writing or orally, before the Director. No response to a petition for reconsideration shall be filed unless requested by the Director, who will request such response before granting any petition for reconsideration. The filing of a petition for reconsideration shall not operate to stay the effective date of the final decision or order or to toll the running of any statutory period affecting such decision or order unless specifically so ordered by the Director. § 1081.407 Effective date; stays pending judicial review. (a) Other than consent orders, which shall become effective at the time specified therein, an order to cease and desist or for other affirmative action under section 1053(b) of the Dodd-Frank Act becomes effective at the expiration of 30 days after the date of service pursuant to § 1081.113(d)(2), unless the Director agrees to stay the effectiveness of the order pursuant to this section. (b) Any party subject to a final decision and order, other than a consent order, may apply to the Director for a stay of all or part of that order pending judicial review. (c) A motion for stay shall state the reasons a stay is warranted and the facts relied upon, and shall include supporting affidavits or other sworn statements, and a copy of the relevant portions of the record. The motion shall address the likelihood of the movant's success on appeal, whether the movant will suffer irreparable harm if a stay is not granted, the degree of injury to other parties if a stay is granted, and why the stay is in the public interest. (d) A motion for stay shall be filed within 28 days of service of the order on the party. Any party opposing the motion may file a response within seven days after receipt of the motion. The movant may file a reply brief, limited to new matters raised by the response, within seven days after receipt of the response. (e) The commencement of proceedings for judicial review of a final decision and order of the Director does not, unless specifically ordered by the Director or a reviewing court, operate as a stay of any order issued by the Director. The Director may, in his or her discretion, and on such terms as he or she finds just, stay the effectiveness of all or any part of an order pending a final decision on a petition for judicial review of that order. Subpart E—Temporary Cease-and-Desist Proceedings § 1081.500 Scope. (a) This subpart prescribes the rules of practice and procedure applicable to the issuance of a temporary cease-and-desist order authorized by section 1053(c) of the Dodd-Frank Act (12 U.S.C. 5563(c)). (b) The issuance of a temporary cease-and-desist order does not stay or otherwise affect the proceedings instituted by the issuance of a notice of charges, which are governed by subparts A through D of this part. § 1081.501 Basis for issuance, form, and service. (a) In general. (b) Incomplete or inaccurate records. (1) The cessation of any activity or practice which gave rise, whether in whole or in part, to the incomplete or inaccurate state of the books or records; or (2) Affirmative action to restore such books or records to a complete and accurate state, until the completion of the adjudication proceeding. (c) Content, scope, and form of order. (1) The basis for its issuance, including the alleged violations and the harm that is likely to result without the issuance of an order; and (2) The act or acts the respondent is to take or refrain from taking. (d) Effective and enforceable upon service. (e) Service. § 1081.502 Judicial review, duration. (a) Availability of judicial review. (b) Duration. (1) The effective date of a final order issued upon the conclusion of the adjudication proceeding. (2) With respect to a temporary cease-and-desist order issued pursuant to § 1081.501(b) only, the Bureau determines by examination or otherwise that the books and records are accurate and reflect the financial condition of the respondent, and the Director or his or her designee issues an order terminating, limiting, or suspending the temporary cease-and-desist order.