§ 19.251. Notice and hearing.
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/us/cfr/t12/s§ 19.251A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In general. After receiving written notification from the Attorney General of the United States of a conviction of a criminal offense under 18 U.S.C. 1956 or 1957, the Comptroller will, or under 31 U.S.C. 5322 or 5324, the Comptroller may:
(1)Issue to the national bank, Federal savings association, or Federal branch or agency a written notice of the Comptroller's intention to terminate all rights, privileges, and franchises of the national bank, Federal savings association, or Federal branch or agency pursuant to 12 U.S.C. 93(d) or 12 U.S.C. 1464(w); and
(2)Schedule a pretermination hearing.
(b)Contents of notice. The notice issued pursuant to paragraph (a)(1) of this section must set forth:
(1)The legal authority for the proceeding and for the OCC's jurisdiction over the proceeding;
(2)The basis of termination pursuant to the factors listed in § 19.253;
(3)A proposed order or prayer for an order of termination;
(4)The time, place, and nature of the hearing as required by law or regulation;
(5)The time within which to file an answer as established by the presiding officer; and
(6)That the answer must be filed with the OCC.
(c)Failure to file an answer. Unless the national bank, Federal savings association, or Federal branch or agency files an answer within the time specified in the notice, it will be deemed to have consented to termination of its rights, privileges and franchises and the Comptroller may order the termination of such rights, privileges, and franchises.
(d)Service. The OCC will serve the notice upon the national bank, Federal savings association, or Federal branch or agency in the manner set forth in § 19.11(c).
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