§ 747.18. Commencement of proceeding and contents of notice.
207 words·~1 min read·
/us/cfr/t12/s§ 747.18·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Commencement of proceeding.
(1)A proceeding governed by this subpart is commenced by issuance of a notice by the NCUA Board.
(2)The notice must be served by Enforcement Counsel upon the respondent and given to any other appropriate financial institution supervisory authority where required by law. Enforcement Counsel may serve the notice upon counsel for the respondent, provided that Enforcement Counsel has confirmed that counsel represents the respondent in the matter and will accept service of the notice on behalf of the respondent.
(3)Enforcement Counsel must file the notice with OFIA.
(b)Contents of notice. Notice pleading applies. The notice must provide:
(1)The legal authority for the proceeding and for the NCUA's jurisdiction over the proceeding;
(2)Matters of fact or law showing that the NCUA is entitled to relief;
(3)A proposed order or prayer for an order granting the requested relief;
(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 required by law or regulation;
(6)The time within which to request a hearing as required by law or regulation; and
(7)That the answer and/or request for a hearing must be filed with OFIA.