shall, not less than 10 days prior thereto, notify the applicant and each person who filed a formal protest in accordance with paragraph (d)(2) of this section, of the date, time, and place of the proceeding. The Regional Director may, if he deems it advisable, notify other persons who have expressed an interest in the application and invite them to attend. The proceeding may assume any form, including a meeting with Corporation representatives at which the participants will be asked to present their views orally.

The Regional Director shall also have the discretion to hold separate meetings with each of the participants where he deems it desirable.

(e) Hearings. Hearings of the kind provided for in this paragraph will not generally be afforded the participants if they have had the opportunity to participate in prior hearings before the appropriate State authority which covered essentially the same issues or if the Regional Director determines that less formal proceedings will be adequate.

(1) Notice of hearing—(i) Contents. If the Corporation determines that a hearing on the application is warranted, the Regional Director shall, not less than 10 days prior thereto, give notice of the scheduling of the hearing, and shall set forth in the notice the subject matter of the application, the significant issues to be presented, and the date, time, and place at which the hearing shall be held.

(ii) To whom sent. The above notice shall be sent by registered or certified mail to the applicant and to each person who filed a formal protest in accordance with paragraph (d)(2) of this section. The Regional Director may also notify other persons who have expressed an interest in the application and invite them to participate in the hearing.

(2) Attendance at hearing. Each interested person who wishes to attend the hearing shall notify the Regional Director accordingly within 5 days after the date upon which he receives the above notice. Unless he has already done so, he shall submit a brief written summary of the matters which

he wishes to cover at the hearing together with the number and names of witnesses he wishes to present. The applicant and other interested persons attending the hearing may be represented by counsel.

(3) Presiding officer. The presiding officer at the hearing shall be the Regional Director, his designee, or such other person as may be named by the Board of Directors or the Director of the Division of Bank Supervision. The presiding officer shall have the authority to appoint a panel to assist him.

(f) Hearing rules-(1) Order of presentation. The following schedule is intended to serve as a general guide to the conduct of the hearing. It is not fixed and may be varied at the discretion of the presiding officer. The presiding officer shall determine the order of opening and closing statements and presentations to be followed by all participants other than the applicant who in each instance shall have the opportunity to speak first.

(i) Opening statements. The applicant and each other participant may make opening statements which should concisely state what the participant intends to show.

(ii) Applicant's presentation. Following the opening statements, the applicant shall present its data and materials, oral or documentary.

(iii) Protestant's presentation. Following the applicant's presentation, each person protesting the application shall present his data and materials, oral or documentary. The protestants may agree, with the approval of the presiding officer, to have one of their number make their presentation.

(iv) Other interested persons. Following the evidence of the applicant and the protestants, the presiding officer will recognize other interested persons who may present their views with respect to the application under consideration.

(v) Summary statement. After all the above presentations have been concluded, the applicant and each other participant may make a short concise rebuttal.

(2) Witnesses. Each participant is responsible for providing his own witnesses, including the payment of all expenses associated with their appearance at the hearing. All witnesses will be present on their own volition, but any person appearing as a witness may be subject to questioning by any participant, by the presiding officer, or by any member of the panel. The refusal of a witness to answer questions may be considered by the Corporation in determining the weight to be accorded the testimony of that witness. Witnesses shall not be sworn.

(3) Evidence. The presiding officer shall have the authority to exclude data or materials which he deems to be improper, irrelevant, or repetitive. Formal rules of evidence shall not be applicable to these hearings. Documentary material submitted as evidence must be of a size consistent with ease of handling, transportation, and filing. Three copies of all such documentary material shall be furnished to the Regional Director, and any participant who specifically requests the same shall be furnished a copy at his own expense. While large exhibits may be used during the hearing, copies of such exhibits must be provided by the person in reduced size for submission as evidence.

(4) Procedural questions. The presiding officer, or any designated member of the panel, shall determine all procedural questions not governed by this section. The presiding officer shall have the authority to limit the number of witnesses to be used by any person and to impose reasonable time limitations.

(5) Transcript. A transcript of each hearing will be arranged for by the Corporation. The person or persons who requested the hearing will be expected to pay all the expenses of such service, including the furnishing of one copy of the transcript to the Regional Director: Provided, however, That the Corporation may, for good cause, waive this requirement in individual cases. Where a hearing is held at the Corporation's initiative, the Corporation shall bear the expenses of such service. Copies of the transcript will be furnished to any interested

person requesting the same at th person's expense.

(6) The hearing record—(i) Conter The public file described in paragra (c) of this section shall automatica be deemed a part of the heari record.

(ii) Closing the hearing record—ad tional statements. Any person w participates in the hearing may quest that the hearing record rema open for 10 days following receipt the transcript by the Regional Dir tor during which time the person m submit corrected copies of the tra script, or additional written sta ments or materials which he agreed furnish at the hearing, to the Regi al Director. Such person shall simul neously mail or have delivered cop of the corrected transcript or additi al statements or materials to all oth persons who participated in the he ing.

(g) Disposition and notice there (1) The final disposition of any app cation or other matter under this s tion need not be determined exclusi ly by, or be limited to, the informati contained in the public file establish by paragraph (c) of this section.

(2) The applicant, and any oth person who so requests in writi shall be notified by the Board of 1 rectors of the final disposition of t application or other matter. T Board of Directors shall also provid statement of the reasons for the fi disposition made. 14

(h) Closing the public file. T public file described in paragraph of this section shall be closed 30 d after final disposition of the appli tion or other matter.

(i) Notice to applicant in the cas a tentative denial. Generally, in case of an application subject to provisions of this section, where Board of Directors, based upon the formation available at that time, pl

14Where final authority to dispose o application or other matter has been gated to the Director of the Division Bank Supervision or the Regional Dire pursuant to § 303.11, the Director of th vision of Bank Supervision or the appr ate Regional Director will provide notice and statement described in this graph (g)(2).

to deny the application and no hearing has been held thereon pursuant to paragraph (e) of this section, the Director of the Division of Bank Supervision or his designee will send the applicant a written statement by registered or certified mail which shall specify the reasons for such tentative denial. The applicant shall have 15 days following the receipt of this statement within which to file a written request to amend its application or for an opportunity to submit information in rebuttal, either in writing or in the form of an oral presentation before one or more representatives of the Corporation designated for that purpose. Upon the filing of such request the applicant shall be given 30 days in which to amend its application or prepare its presentation to the Corporation. If the applicant requests and is granted an opportunity to make an oral presentation, it shall be advised of the date, time, place, and person or persons before whom such presentation shall be made.

(j) Computation of time. Section 308.18 shall govern the computation of any period of time prescribed or allowed by this section.

(k) Retained authority. In acting upon any particular application, the Board of Directors may by resolution adopt procedures which differ from this section when it deems it necessary and in the public interest to do so. Such resolution shall be made available for public inspection and copying in the Office of the Executive Secretary of the Corporation in accordance with the requirements of 5 U.S.C. 552(a)(2).

(Secs. 5, 6, 8, 9, 18, 19, Pub. L. 797, 64 Stat. 876, 879, 881, 891, 893 (12 U.S.C. 1815, 1816, 1818, 1819, 1828, 1829)).

[38 FR 4573, Feb. 16, 1973; 38 FR 9221, April 12, 1973, as amended at 38 FR 14263, May 31, 1973; 42 FR 48870, Sept. 26, 1977; 43 FR 47158, Oct. 12, 1978]

PART 304-FORMS, INSTRUCTIONS, AND REPORTS

Sec.

304.1 Certified statements.

304.2 Reports of condition, etc. 304.3 Forms and instructions.

AUTHORITY: Secs. 5-8, 9, 10, 18, 19, 64 Stat 876, 879, 881, 882, 891, 893; 12 U.S.C. 1815 1820, 1828, 1829.

§ 304.1 Certified statements.

The certified statements required to be filed by insured banks in accord ance with the provisions of section 7 of the Federal Deposit Insurance Act, as amended (12 U.S.C. 1817), shall be filed with the Fiscal Agent of the Cor poration upon the forms, and in the manner, prescribed by the Board of Directors. The assessments required to be certified must be paid to the Corporation at the time such statements are required to be filed. The form of certified statement will be furnished to all insured banks by, or may be obtained upon request from, the fiscal agent. [32 FR 10558, July 19, 1967]

§ 304.2 Reports of condition, etc.

Whenever required, insured State nonmember banks (except District banks) shall file reports of condition, reports of income and dividends, and summaries of accounts and deposits with the Division of Research upon the forms, in the manner, and pursuant to the instructions prescribed by the Board of Directors from time to time. This form of such reports and instructions for completing the same will be furnished to all such banks by, or may be obtained upon request from, the Division of Research. Each insured national bank and each insured District bank at the time of making reports of condition to the Comptroller of the Currency and each insured State member bank at the time of making reports of condition to the Federal Reserve bank, required under the Federal Deposit Insurance Act, shall furnish an executed and attested copy thereof to the Corporation.

[32 FR 10558, July 19, 1967, as amended at 40 FR 36559, Aug. 21, 1975]

§ 304.3 Forms and instructions.

The following forms and instructions have been prepared by the Corporation for the use of banks and may be obtained by any person properly and directly concerned therewith upon

on Form 84 must be accompanied by a properly executed Form 6210/09 for each facility.

(e) Form 84-M: Application for Federal deposit insurance by an existing noninsured mutual savings bank. Form 84-M, which is substantially the same as Form 84, should be used by mutual savings banks and should be prepared and submitted in the same manner as Form 84. If the bank has a branch or branches, its application on Form 84-M must be accompanied by a properly executed Form 85-M for each branch, and if the bank has a remote service facility or facilities, its application on Form 84-M must be accompanied by a properly executed Form 6210/09 for each facility.

(f) Form 83 and Form 83-M: Financial statement. Form 83 must be executed in triplicate and certified to be true and correct by each individual director (or trustee) and officer of the bank or proposed bank (who is solely responsible for its contents) for the benefit of the Board of Directors of the Corporation in determining, with respect to the applicant bank, the general character of its management in accordance with section 6 of the Federal Deposit Insurance Act (12 U.S.C. 1816). The requisite number of properly executed and signed Forms 83 must accompany each application on Form 82, Form 82-M, Form 84, or Form 84M.

(g) Form 85, Form 85a, and Form 85b: Application of insured State nonmember bank (except District bank and mutual savings bank) to establish or move its main office or branch. (1) Form 85 is an application to establish a branch. The applicant bank is required to submit statements, representations, and information with respect to the several factors enumerated in section 6 of the Federal Deposit Insurance Act (12 U.S.C. 1816) and a copy of the resolution of its board of directors authorizing the bank's president or vice president and cashier or secretary to make the application. The application must be executed in quadruplicate, signed by the president or vice president, have the corporate seal of the bank affixed thereto, and be attested by the cashier or secretary.

Three signed application warded to the Region the Federal Deposit Ins ration Region in which bank is located and the tion may be retained by application must be acc certified copy of the bar incorporation or associa any amendments theret ously submitted to the and not subsequently am

(2) Form 85a is an move main office or bra lar to Form 85 and shoul and submitted in the sa Form 85.

(3) Form 85b is an app tablish a branch pursua tion as depositary and fi of the U.S. Government to Form 85 and should and submitted in the sar Form 85.

(h) Form 85-M and For plication by insured mutual savings bank t branch or move its m branch. (1) Form 85-M is the same as Form 85 a prepared and submitted manner as Form 85.

(2) Form 85a-M is subs same as Form 85a and s pared and submitted i manner as Form 85.

(i) Form 86: Applicatio consolidation, asset acqu sumption. The bank appl written consent to merge date with, acquire the assume liability to pay d in, another bank or instit ant to section 18(c) of the posit Insurance Act, as U.S.C. 1828(c)), and for t ment of branches incid pursuant to section 18(d) required to submit stater sentations, and informat spect to the several fact ated in said section 18 copies of the application ments, schedules, and exh ing the agreement betwee pating banks and the cha cles of incorporation of t or assuming bank, are to