C.F.R. » Title 12 » CHAPTER II—FEDERAL RESERVE SYSTEM › SUBCHAPTER A—BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM › PART 263—RULES OF PRACTICE FOR HEARINGS › Subpart A—Uniform Rules of Practice and Procedure

12 C.F.R. § 263.39

Exceptions to recommended decision

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(a) Filing exceptions. Within 30 days after service of the recommended decision, findings, conclusions, and proposed order under § 263.38, a party may file with the Board written exceptions to the ALJ's recommended decision, findings, conclusions, or proposed order, to the admission or exclusion of evidence, or to the failure of the ALJ to make a ruling proposed by a party. A supporting brief may be filed at the time the exceptions are filed, either as part of the same document or in a separate document.

(b) Effect of failure to file or raise exceptions. (1) Failure of a party to file exceptions to those matters specified in paragraph (a) of this section within the time prescribed is deemed a waiver of objection thereto.

(2) No exception need be considered by the Board if the party taking exception had an opportunity to raise the same objection, issue, or argument before the ALJ and failed to do so.

(c) Contents. (1) All exceptions and briefs in support of such exceptions must be confined to the particular matters in, or omissions from, the ALJ's recommendations to which that party takes exception.

(2) All exceptions and briefs in support of exceptions must set forth page or paragraph references to the specific parts of the ALJ's recommendations to which exception is taken, the page or paragraph references to those portions of the record relied upon to support each exception, and the legal authority relied upon to support each exception.

Notes of Decisions
Cited in 3 cases, 1997–1998 · leading case: Ghaith R. Pharaon v. Bd. of Governors of the Fed. Reserve Sys., 135 F.3d 148 (D.C. Cir. 1998).
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Ghaith R. Pharaon v. Bd. of Governors of the Fed. Reserve Sys., 135 F.3d 148 (D.C. Cir. 1998). “See 12 C.F.R. § 263.39 (b)(1) (1997) (failure to raise exception constitutes waiver).”
W.C. Long, Jr. v. Bd. of Governors of the Fed. Reserve Sys., 117 F.3d 1145 (10th Cir. 1997). “Long has not demonstrated he was prejudiced by such notice. Mr. Long has failed to allege how he would have conducted the litigation any differently if the final penalty had been stated in the Notice of Assessment.”
Long v. FRS (10th Cir. 1997). “See 12 C.F.R. § 263.39 (a). However, Mr. Long did not challenge the increased penalty on due process grounds.”
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