NASCUS Comments on Uniform Rules of Practice and Procedure (RIN 3133-AF37)

June 13, 2022

Melane Conyers-Ausbrooks
Secretary of the Board
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314

Re: NASCUS Comments on Uniform Rules of Practice and Procedure (RIN 3133-AF37)

Dear Secretary Conyers-Ausbrooks:

The National Association of State Credit Union Supervisors (NASCUS)[1] submits this letter in response to the National Credit Union Administration’s (NCUA) request for comments on RIN 3133-AF37, Rules of Practice and Procedure.[2] The proposed rule, issued in conjunction with federal banking agencies, would amend the Uniform Rules of Practice and Procedure to recognize the use of electronic communications in administrative hearings. Among other things, the proposal would allow electronic signatures and filings, permit depositions to be conducted by remote means, modernize language, and address the authority of administrative law judges and various procedures related to hearings.

Recognizing the use of electronic communications and other technologies in administrative proceedings and incorporating these technologies into the Uniform Rules of Practice and Procedure increases the accuracy, fairness, and consistency of administrative hearings. NASCUS supports these changes.

NCUA has also proposed several technical corrections specifically for its Rules and Regulations. Existing Parts 747.18 and 747.33 would be amended to remove references to “change in control proceedings under the FDIA” as those proceedings do not apply to credit unions. Streamlining rules and regulations to eliminate outdated or inapplicable provisions is beneficial to individuals consulting the rules because it ensures the reader only spends time reviewing relevant material. NASCUS also supports these NCUA-specific proposed changes, and we encourage NCUA to finalize the rule as proposed.

NASCUS commends NCUA and the other federal banking agencies for acting to formally incorporate electronic communication into the agencies’ rules for administrative hearings and their efforts to encourage consistency between administrative hearings and between the administrative law judges presiding over those hearings with respect to the use of electronic communications.

Brian Knight
President & CEO

[1] NASCUS is the professional association of the nation’s 45 state credit union regulatory agencies that charter and supervise over 1,900 state credit unions. NASCUS membership includes state regulatory agencies, state chartered and federally chartered credit unions, and other important stakeholders in the state system. State chartered credit unions hold over half of the $2 trillion assets in the credit union system and are proud to represent nearly half of the 129 million credit union members.

[2] “Rules of practice and Procedure” 87 Fed. Reg. 22034 (April 13, 2022).