§ 1091.105. Response.
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/us/cfr/t12/s§ 1091.105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Timing. Within 30 days of service of a Notice, a respondent shall file any response with the recommending official according to the instructions set forth in a Notice.
(b)Content of the response.
(1)The response shall set forth the basis for a respondent's contention that the respondent is not a nonbank covered person that is engaging, or has engaged, in conduct that poses risks to consumers with regard to the offering or provision of consumer financial products or services.
(2)The response shall include all documents, records, or other evidence a respondent wishes to use to support the arguments or assertions set forth in the response.
(3)Any request to present a supplemental oral response, including the respondent's preference that the supplemental oral response be by telephone, by video conference, or in person at the Bureau's headquarters in Washington, DC, must be included in the response. A respondent's failure to request to present a supplemental oral response shall constitute a waiver of the opportunity to present a supplemental oral response.
(4)A response shall include an affidavit or declaration, made by the individual respondent if a natural person, or, if a corporate or other entity that is not a natural person, by an officer, managing or general member, or partner authorized to represent the respondent, affirming that the response is true and accurate and does not contain any omissions that would cause the response to be materially misleading.
(5)Notwithstanding any other provisions of this paragraph (b), a respondent may respond to a Notice of Reasonable Cause by voluntarily consenting to the Bureau's authority to supervise the respondent under 12 U.S.C. 5514 by completing and executing the consent agreement form provided to the respondent with a Notice of Reasonable Cause in accordance with § 1091.103(b).
(c)Default. Failure of a respondent to file a response within the time period set forth in paragraph
(a)of this section shall constitute a waiver of the respondent's right to respond, and shall, based on the Notice, authorize the recommending official, without further notice to the respondent, to issue a proposed decision and order as provided in § 1091.108(c)(1) and the Director to issue a decision and order as provided in § 1091.109(a)(1).
(d)Waiver. A respondent shall be deemed to have waived the right, at any future stage of the recommending official's or the Director's consideration of a matter, and in any petition for judicial review of an order issued pursuant to § 1091.109(a)(1), to rely on any argument, record, document, or other information that the respondent does not raise or include in its response.
(e)No discovery. There shall be no discovery in connection with a response.
(f)Reply by initiating official. If the respondent files a written response, within 21 days the initiating official may file a reply with the recommending official and serve it on the respondent.
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