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FEDERAL · 12 CFR

Part 308 — Rules of Practice and Procedure

192 sections · Title 12: Banks and Banking

§ 308.0Applicability date.
§ 308.1Scope.
§ 308.2Rules of construction.
§ 308.3Definitions.
§ 308.4Authority of the Board of Directors.
§ 308.5Authority of the administrative law judge (ALJ).
§ 308.6Appearance and practice in adjudicatory proceedings.
§ 308.7Good faith certification.
§ 308.8Conflicts of interest.
§ 308.9Ex parte communications.
§ 308.10Filing of papers.
§ 308.11Service of papers.
§ 308.12Construction of time limits.
§ 308.13Change of time limits.
§ 308.14Witness fees and expenses.
§ 308.15Opportunity for informal settlement.
§ 308.16FDIC's right to conduct examination.
§ 308.17Collateral attacks on adjudicatory proceeding.
§ 308.18Commencement of proceeding and contents of notice.
§ 308.19Answer.
§ 308.20Amended pleadings.
§ 308.21Failure to appear.
§ 308.22Consolidation and severance of actions.
§ 308.23Motions.
§ 308.24Scope of document discovery.
§ 308.25Request for document discovery from parties.
§ 308.26Document subpoenas to nonparties.
§ 308.27Deposition of witness unavailable for hearing.
§ 308.28Interlocutory review.
§ 308.29Summary disposition.
§ 308.30Partial summary disposition.
§ 308.31Scheduling and prehearing conferences.
§ 308.32Prehearing submissions.
§ 308.33Public hearings.
§ 308.34Hearing subpoenas.
§ 308.35Conduct of hearings.
§ 308.36Evidence.
§ 308.37Post-hearing filings.
§ 308.38Recommended decision and filing of record.
§ 308.39Exceptions to recommended decision.
§ 308.40Review by the Board of Directors.
§ 308.41Stays pending judicial review.
§ 308.100Applicability date.
§ 308.101Scope of Local Rules.
§ 308.102Authority of Board of Directors and Administrative Officer.
§ 308.103Assignment of Administrative Law Judge (ALJ).
§ 308.104Filings with the Board of Directors.
§ 308.105Custodian of the record.
§ 308.106Written testimony in lieu of oral hearing.
§ 308.107Supplemental discovery rules.
§ 308.108Sanctions.
§ 308.109Suspension and disbarment.
§ 308.110Scope.
§ 308.111Grounds for disapproval.
§ 308.112Notice of disapproval.
§ 308.113Answer to notice of disapproval.
§ 308.114Burden of proof.
§ 308.115Scope.
§ 308.116Assessment of penalties.
§ 308.117Effective date of, and payment under, an order to pay.
§ 308.118Collection of penalties.
§ 308.119Scope.
§ 308.120Grounds for termination of insurance.
§ 308.121Notification to primary regulator.
§ 308.122Notice of intent to terminate.
§ 308.123Notice to depositors.
§ 308.124Involuntary termination of insured status for failure to receive deposits.
§ 308.125Temporary suspension of deposit insurance.
§ 308.126Special supervisory associations.
§ 308.127Scope.
§ 308.128Grounds for cease-and-desist orders.
§ 308.129Notice to state supervisory authority.
§ 308.130Effective date of order and service on bank.
§ 308.131Temporary cease-and-desist order.
§ 308.132Assessment of penalties.
§ 308.133Effective date of, and payment under, an order to pay.
§ 308.134Scope.
§ 308.135Grounds for imposition of sanctions.
§ 308.136Notice to and consultation with the Securities and Exchange Commission.
§ 308.137Effective date of order imposing sanctions.
§ 308.138Scope.
§ 308.139Application for exemption.
§ 308.140Newspaper notice.
§ 308.141Notice of hearing.
§ 308.142Hearing.
§ 308.143Decision of Board of Directors.
§ 308.144Scope.
§ 308.145Conduct of investigation.
§ 308.146Powers of person conducting investigation.
§ 308.147Investigations confidential.
§ 308.148Rights of witnesses.
§ 308.149Service of subpoena.
§ 308.150Transcripts.
§ 308.151Scope.
§ 308.152Grounds for disapproval of notice.
§ 308.153Procedures where notice of disapproval issues pursuant to § 303.103(c) of this chapter.
§ 308.154Decision on review.
§ 308.155Hearing.
§ 308.156Scope.
§ 308.157Denial of applications.
§ 308.158Hearings.
§ 308.159-308.160§§ 308.159-308.160 [Reserved]
§ 308.161Scope.
§ 308.162Relevant considerations.
§ 308.163Notice of suspension or prohibition, and orders of removal or prohibition.
§ 308.164Hearings.
§ 308.165Scope.
§ 308.166Grounds for assessment of liability.
§ 308.167Notice of assessment of liability.
§ 308.168Effective date of and payment under an order to pay.
§ 308.169Scope.
§ 308.170Filing, content, and service of documents.
§ 308.171Responses to application.
§ 308.172Eligibility of applicants.
§ 308.173Prevailing party.
§ 308.174Standards for awards.
§ 308.175Measure of awards.
§ 308.176Application for awards.
§ 308.177Statement of net worth.
§ 308.178Statement of fees and expenses.
§ 308.179Settlement negotiations.
§ 308.180Further proceedings.
§ 308.181Recommended decision.
§ 308.182Board of Directors action.
§ 308.183Payment of awards.
§ 308.200Scope.
§ 308.201Directives to take prompt corrective action.
§ 308.202Procedures for reclassifying an FDIC-supervised institution based on criteria other than capital.
§ 308.203Order to dismiss a director or senior executive officer.
§ 308.204Enforcement of directives.
§ 308.300Scope.
§ 308.301Purpose.
§ 308.302Determination and notification of failure to meet a safety and soundness standard and request for compliance plan.
§ 308.303Filing of safety and soundness compliance plan.
§ 308.304Issuance of orders to correct deficiencies and to take or refrain from taking other actions.
§ 308.305Enforcement of orders.
§ 308.400Scope.
§ 308.401Applications for stays of disciplinary sanctions or summary suspensions by a bank clearing agency.
§ 308.402Applications for review of final disciplinary sanctions, denials of participation, or prohibitions or limitations of access to services imposed by bank clearing agencies.
§ 308.500Basis, purpose, and scope.
§ 308.501Definitions.
§ 308.502Basis for civil penalties and assessments.
§ 308.503Investigations.
§ 308.504Review by the reviewing official.
§ 308.505Prerequisites for issuing a complaint.
§ 308.506Complaint.
§ 308.507Service of complaint.
§ 308.508Answer.
§ 308.509Default upon failure to file an answer.
§ 308.510Referral of complaint and answer to the ALJ.
§ 308.511Notice of hearing.
§ 308.512Parties to the hearing.
§ 308.513Separation of functions.
§ 308.514Ex parte contacts.
§ 308.515Disqualification of reviewing official or ALJ.
§ 308.516Rights of parties.
§ 308.517Authority of the ALJ.
§ 308.518Prehearing conferences.
§ 308.519Disclosure of documents.
§ 308.520Discovery.
§ 308.521Exchange of witness lists, statements, and exhibits.
§ 308.522Subpoenas for attendance at hearing.
§ 308.523Protective order.
§ 308.524Witness fees.
§ 308.525Form, filing, and service of papers.
§ 308.526Computation of time.
§ 308.527Motions.
§ 308.528Sanctions.
§ 308.529The hearing and burden of proof.
§ 308.530Determining the amount of penalties and assessments.
§ 308.531Location of hearing.
§ 308.532Witnesses.
§ 308.533Evidence.
§ 308.534The record.
§ 308.535Post-hearing briefs.
§ 308.536Initial decision.
§ 308.537Reconsideration of initial decision.
§ 308.538Appeal to the Board of Directors.
§ 308.539Stays ordered by the Department of Justice.
§ 308.540Stay pending appeal.
§ 308.541Judicial review.
§ 308.542Collection of civil penalties and assessments.
§ 308.543Right to administrative offset.
§ 308.544Deposit in Treasury of United States.
§ 308.545Compromise or settlement.
§ 308.546Limitations.
§ 308.600Scope.
§ 308.601Definitions.
§ 308.602Removal, suspension, or debarment.
§ 308.603Automatic removal, suspension, and debarment.
§ 308.604Notice of removal, suspension, or debarment.
§ 308.605Application for reinstatement.