12 CFR Part 308
PART 308—RULES OF PRACTICE AND PROCEDURE
- PART 308—RULES OF PRACTICE AND PROCEDURE
- Chapter III—Federal Deposit Insurance Corporation › Subchapter A—Procedure and Rules of Practice
- Subpart A—Uniform Rules of Practice and Procedure
- § 308.0 Applicability date.
- § 308.1 Scope.
- § 308.2 Rules of construction.
- § 308.3 Definitions.
- § 308.4 Authority of the Board of Directors.
- § 308.5 Authority of the administrative law judge (ALJ).
- § 308.6 Appearance and practice in adjudicatory proceedings.
- § 308.7 Good faith certification.
- § 308.8 Conflicts of interest.
- § 308.9 Ex parte communications.
- § 308.10 Filing of papers.
- § 308.11 Service of papers.
- § 308.12 Construction of time limits.
- § 308.13 Change of time limits.
- § 308.14 Witness fees and expenses.
- § 308.15 Opportunity for informal settlement.
- § 308.16 FDIC's right to conduct examination.
- § 308.17 Collateral attacks on adjudicatory proceeding.
- § 308.18 Commencement of proceeding and contents of notice.
- § 308.19 Answer.
- § 308.20 Amended pleadings.
- § 308.21 Failure to appear.
- § 308.22 Consolidation and severance of actions.
- § 308.23 Motions.
- § 308.24 Scope of document discovery.
- § 308.25 Request for document discovery from parties.
- § 308.26 Document subpoenas to nonparties.
- § 308.27 Deposition of witness unavailable for hearing.
- § 308.28 Interlocutory review.
- § 308.29 Summary disposition.
- § 308.30 Partial summary disposition.
- § 308.31 Scheduling and prehearing conferences.
- § 308.32 Prehearing submissions.
- § 308.33 Public hearings.
- § 308.34 Hearing subpoenas.
- § 308.35 Conduct of hearings.
- § 308.36 Evidence.
- § 308.37 Post-hearing filings.
- § 308.38 Recommended decision and filing of record.
- § 308.39 Exceptions to recommended decision.
- § 308.40 Review by the Board of Directors.
- § 308.41 Stays pending judicial review.
- Subpart B—General Rules of Procedure
- § 308.100 Applicability date.
- § 308.101 Scope of Local Rules.
- § 308.102 Authority of Board of Directors and Administrative Officer.
- § 308.103 Assignment of Administrative Law Judge (ALJ).
- § 308.104 Filings with the Board of Directors.
- § 308.105 Custodian of the record.
- § 308.106 Written testimony in lieu of oral hearing.
- § 308.107 Supplemental discovery rules.
- Subpart C—Rules of Practice Before the FDIC and Standards of Conduct
- § 308.108 Sanctions.
- § 308.109 Suspension and disbarment.
- Subpart D—Rules and Procedures Applicable to Proceedings Relating to Disapproval of Acquisition of Control
- § 308.110 Scope.
- § 308.111 Grounds for disapproval.
- § 308.112 Notice of disapproval.
- § 308.113 Answer to notice of disapproval.
- § 308.114 Burden of proof.
- Subpart E—Rules and Procedures Applicable to Proceedings Relating to Assessment of Civil Penalties for Willful Violations of the Change in Bank Control Act
- § 308.115 Scope.
- § 308.116 Assessment of penalties.
- § 308.117 Effective date of, and payment under, an order to pay.
- § 308.118 Collection of penalties.
- Subpart F—Rules and Procedures Applicable to Proceedings for Involuntary Termination of Insured Status
- § 308.119 Scope.
- § 308.120 Grounds for termination of insurance.
- § 308.121 Notification to primary regulator.
- § 308.122 Notice of intent to terminate.
- § 308.123 Notice to depositors.
- § 308.124 Involuntary termination of insured status for failure to receive deposits.
- § 308.125 Temporary suspension of deposit insurance.
- § 308.126 Special supervisory associations.
- Subpart G—Rules and Procedures Applicable to Proceedings Relating to Cease-and-Desist Orders
- § 308.127 Scope.
- § 308.128 Grounds for cease-and-desist orders.
- § 308.129 Notice to state supervisory authority.
- § 308.130 Effective date of order and service on bank.
- § 308.131 Temporary cease-and-desist order.
- Subpart H—Rules and Procedures Applicable to Proceedings Relating to Assessment and Collection of Civil Money Penalties for Violation of Cease-and-Desist Orders and of Certain Federal Statutes, Including Call Report Penalties
- § 308.132 Assessment of penalties.
- § 308.133 Effective date of, and payment under, an order to pay.
- Subpart I—Rules and Procedures for Imposition of Sanctions Upon Municipal Securities Dealers or Persons Associated With Them and Clearing Agencies or Transfer Agents
- § 308.134 Scope.
- § 308.135 Grounds for imposition of sanctions.
- § 308.136 Notice to and consultation with the Securities and Exchange Commission.
- § 308.137 Effective date of order imposing sanctions.
- Subpart J—Rules and Procedures Relating to Exemption Proceedings Under Section 12(h) of the Securities Exchange Act of 1934
- § 308.138 Scope.
- § 308.139 Application for exemption.
- § 308.140 Newspaper notice.
- § 308.141 Notice of hearing.
- § 308.142 Hearing.
- § 308.143 Decision of Board of Directors.
- Subpart K—Procedures Applicable to Investigations Pursuant to Section 10(c) of the FDIA
- § 308.144 Scope.
- § 308.145 Conduct of investigation.
- § 308.146 Powers of person conducting investigation.
- § 308.147 Investigations confidential.
- § 308.148 Rights of witnesses.
- § 308.149 Service of subpoena.
- § 308.150 Transcripts.
- Subpart L—Procedures and Standards Applicable to a Notice of Change in Senior Executive Officer or Director Pursuant to Section 32 of the FDIA
- § 308.151 Scope.
- § 308.152 Grounds for disapproval of notice.
- § 308.153 Procedures where notice of disapproval issues pursuant to § 303.103(c) of this chapter.
- § 308.154 Decision on review.
- § 308.155 Hearing.
- Subpart M—Procedures Applicable to the Request for and Conduct of a Hearing (or the Request for Written Submissions in Lieu of a Hearing) After Denial of an Application Under Section 19 of the Federal Deposit Insurance Act
- § 308.156 Scope.
- § 308.157 Denial of applications.
- § 308.158 Hearings.
- §§ 308.159-308.160 [Reserved]
- Subpart N—Rules and Procedures Applicable to Proceedings Relating to Suspension, Removal, and Prohibition Where a Felony ls Charged
- § 308.161 Scope.
- § 308.162 Relevant considerations.
- § 308.163 Notice of suspension or prohibition, and orders of removal or prohibition.
- § 308.164 Hearings.
- Subpart O—Liability of Commonly Controlled Depository Institutions
- § 308.165 Scope.
- § 308.166 Grounds for assessment of liability.
- § 308.167 Notice of assessment of liability.
- § 308.168 Effective date of and payment under an order to pay.
- Subpart P—Rules and Procedures Relating to the Recovery of Attorney Fees and Other Expenses
- § 308.169 Scope.
- § 308.170 Filing, content, and service of documents.
- § 308.171 Responses to application.
- § 308.172 Eligibility of applicants.
- § 308.173 Prevailing party.
- § 308.174 Standards for awards.
- § 308.175 Measure of awards.
- § 308.176 Application for awards.
- § 308.177 Statement of net worth.
- § 308.178 Statement of fees and expenses.
- § 308.179 Settlement negotiations.
- § 308.180 Further proceedings.
- § 308.181 Recommended decision.
- § 308.182 Board of Directors action.
- § 308.183 Payment of awards.
- Subpart Q—Issuance and Review of Orders Pursuant to the Prompt Corrective Action Provisions of the Federal Deposit Insurance Act
- § 308.200 Scope.
- § 308.201 Directives to take prompt corrective action.
- § 308.202 Procedures for reclassifying an FDIC-supervised institution based on criteria other than capital.
- § 308.203 Order to dismiss a director or senior executive officer.
- § 308.204 Enforcement of directives.
- Subpart R—Submission and Review of Safety and Soundness Compliance Plans and Issuance of Orders To Correct Safety and Soundness Deficiencies
- § 308.300 Scope.
- § 308.301 Purpose.
- § 308.302 Determination and notification of failure to meet a safety and soundness standard and request for compliance plan.
- § 308.303 Filing of safety and soundness compliance plan.
- § 308.304 Issuance of orders to correct deficiencies and to take or refrain from taking other actions.
- § 308.305 Enforcement of orders.
- Subpart S—Applications for a Stay or Review of Actions of Bank Clearing Agencies
- § 308.400 Scope.
- § 308.401 Applications for stays of disciplinary sanctions or summary suspensions by a bank clearing agency.
- § 308.402 Applications for review of final disciplinary sanctions, denials of participation, or prohibitions or limitations of access to services imposed by bank clearing agencies.
- Subpart T—Program Fraud Civil Remedies and Procedures
- § 308.500 Basis, purpose, and scope.
- § 308.501 Definitions.
- § 308.502 Basis for civil penalties and assessments.
- § 308.503 Investigations.
- § 308.504 Review by the reviewing official.
- § 308.505 Prerequisites for issuing a complaint.
- § 308.506 Complaint.
- § 308.507 Service of complaint.
- § 308.508 Answer.
- § 308.509 Default upon failure to file an answer.
- § 308.510 Referral of complaint and answer to the ALJ.
- § 308.511 Notice of hearing.
- § 308.512 Parties to the hearing.
- § 308.513 Separation of functions.
- § 308.514 Ex parte contacts.
- § 308.515 Disqualification of reviewing official or ALJ.
- § 308.516 Rights of parties.
- § 308.517 Authority of the ALJ.
- § 308.518 Prehearing conferences.
- § 308.519 Disclosure of documents.
- § 308.520 Discovery.
- § 308.521 Exchange of witness lists, statements, and exhibits.
- § 308.522 Subpoenas for attendance at hearing.
- § 308.523 Protective order.
- § 308.524 Witness fees.
- § 308.525 Form, filing, and service of papers.
- § 308.526 Computation of time.
- § 308.527 Motions.
- § 308.528 Sanctions.
- § 308.529 The hearing and burden of proof.
- § 308.530 Determining the amount of penalties and assessments.
- § 308.531 Location of hearing.
- § 308.532 Witnesses.
- § 308.533 Evidence.
- § 308.534 The record.
- § 308.535 Post-hearing briefs.
- § 308.536 Initial decision.
- § 308.537 Reconsideration of initial decision.
- § 308.538 Appeal to the Board of Directors.
- § 308.539 Stays ordered by the Department of Justice.
- § 308.540 Stay pending appeal.
- § 308.541 Judicial review.
- § 308.542 Collection of civil penalties and assessments.
- § 308.543 Right to administrative offset.
- § 308.544 Deposit in Treasury of United States.
- § 308.545 Compromise or settlement.
- § 308.546 Limitations.
- Subpart U—Removal, Suspension, and Debarment of Accountants From Performing Audit Services
- § 308.600 Scope.
- § 308.601 Definitions.
- § 308.602 Removal, suspension, or debarment.
- § 308.603 Automatic removal, suspension, and debarment.
- § 308.604 Notice of removal, suspension, or debarment.
- § 308.605 Application for reinstatement.
- Appendix A to Part 308—Rules of Practice and Procedure
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