12 C.F.R. § 308.37

Post-hearing filings

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(a) Proposed findings and conclusions and supporting briefs. (1) Using the same method of service for each party, the ALJ will serve notice upon each party that the certified transcript, together with all hearing exhibits and exhibits introduced but not admitted into evidence at the hearing, has been filed. Any party may file with the ALJ proposed findings of fact, proposed conclusions of law, and a proposed order within 30 days following service of this notice by the ALJ or within such longer period as may be ordered by the ALJ.

(2) Proposed findings and conclusions must be supported by citation to any relevant authorities and by page references to any relevant portions of the record. A post-hearing brief may be filed in support of proposed findings and conclusions, either as part of the same document or in a separate document. Any party who fails to file timely with the ALJ any proposed finding or conclusion is deemed to have waived the right to raise in any subsequent filing or submission any issue not addressed in such party's proposed finding or conclusion.

(b) Reply briefs. Reply briefs may be filed within 15 days after the date on which the parties' proposed findings, conclusions, and order are due. Reply briefs must be strictly limited to responding to new matters, issues, or arguments raised in another party's papers. A party who has not filed proposed findings of fact and conclusions of law or a post-hearing brief may not file a reply brief.

(c) Simultaneous filing required. The ALJ will not order the filing by any party of any brief or reply brief in advance of the other party's filing of its brief.

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: Roque De La Fuente II v. Fed. Deposit Ins. Corp., in Its Corp. Capacity, 332 F.3d 1208 (9th Cir. 2003).

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Roque De La Fuente II v. Fed. Deposit Ins. Corp., in Its Corp. Capacity, 332 F.3d 1208 (9th Cir. 2003). · cites it 2× “12 C.F.R. § 308.37 (a)(1). It is therefore not surprising — and absent any other evidence, certainly not an abuse of discretion — -that the ALJ would adopt the findings proposed by the prevailing party in the administrative hearing.”

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