C.F.R. » Title 12 » CHAPTER III—FEDERAL DEPOSIT INSURANCE CORPORATION › SUBCHAPTER A—PROCEDURE AND RULES OF PRACTICE › PART 308—RULES OF PRACTICE AND PROCEDURE › Subpart A—Uniform Rules of Practice and Procedure

12 C.F.R. § 308.39

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 § 308.38, a party may file with the Administrative Officer 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 of Directors 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 (2 in the last 5 years), 1994–2022 · leading case: Harry Calcutt III v. FDIC, 37 F.4th 293 (6th Cir. 2022).
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Harry Calcutt III v. FDIC, 37 F.4th 293 (6th Cir. 2022). · cites it 4× “Moreover, the agency adds, Carr’s limitation on imposing issue-exhaustion requirements in non-adversarial proceedings do not apply here, because Calcutt’s adjudication was adversarial.”
Ronald J. Grubb v. Fed. Deposit Ins. Corp., 34 F.3d 956 (10th Cir. 1994). “The regulations governing the practice and procedure before the Board provide that a party’s failure to file written exceptions to the ALJ’s findings or to take exception to the ALJ’s “failure to make a ruling proposed by a party” within thirty days of serving the recommended…”
Harry Calcutt III v. FDIC (6th Cir. 2022). · cites it 4× “Moreover, the agency adds, Carr’s limitation on imposing issue-exhaustion requirements in non-adversarial proceedings do not apply here, because Calcutt’s adjudication was adversarial.”
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