[Code of Federal Regulations]
[Title 12, Volume 6]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR747.3]

[Page 533-534]
 
                       TITLE 12--BANKS AND BANKING
 
            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION
 
PART 747--ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS--Table of Contents
 
           Subpart A--Uniform Rules of Practice and Procedure
 
Sec. 747.3  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 
this subpart and leading to the formulation of a final order other than 
a regulation.
    (c) Decisional employee means any member of the NCUA'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 Agency or 
the administrative law judge, respectively, in preparing orders, 
recommended decisions, decisions, and other documents under the Uniform 
Rules.
    (d) Enforcement Counsel means any individual who files a notice of 
appearance as counsel on behalf of the NCUA in an adjudicatory 
proceeding.
    (e) Final order means an order issued by the NCUA 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.
    (f) Institution includes: (1) Any Federal credit union as that term 
is defined in section 101(1) of the Act (12 U.S.C. 1752(1)); and

[[Page 534]]

    (2) Any insured state credit union as that term is defined in 
section 101(7) of the FCUA (12 U.S.C. 1752(7)).
    (g) Institution-affiliated party means any institution-affiliated 
party as that term is defined in section 206(r) of the Act (12 U.S.C. 
1786(r)).
    (h) Local Rules means those rules promulgated by the NCUA in the 
subparts of this part other than subpart A of this part.
    (i) OFIA means the Office of Financial Institution Adjudication, 
which is the executive body charged with overseeing the administration 
of administrative enforcement proceedings for the NCUA, the Office of 
the Comptroller of the Currency (``OCC''), the Board of Governors of the 
Federal Reserve System (``Board''), the Federal Deposit Insurance 
Corporation (``FDIC''), and the Office of Thrift Supervision (``OTS'').
    (j) Party means the NCUA and any person named as a party in any 
notice.
    (k) 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 (f) of this section.
    (l) Respondent means any party other than the NCUA.
    (m) Uniform Rules means those rules in subpart A of this part that 
are common to the NCUA, the OCC, the Board, the FDIC and the OTS.
    (n) 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.

[56 FR 37767, Aug. 8, 1991; 57 FR 523, Jan. 7, 1992]