2005 CFR Title 12, Volume 4

Title 12--Banks and Banking CHAPTER III--FEDERAL DEPOSIT INSURANCE CORPORATION PART 308--RULES OF PRACTICE AND PROCEDURE
	308.1	Scope.
	308.2	Rules of construction.
	308.3	Definitions.
	308.4	Authority of Board of Directors.
	308.5	Authority of the administrative law judge.
	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 Board of Directors.
	308.41	Stays pending judicial review.
	308.101	Scope of Local Rules.
	308.102	Authority of Board of Directors and Executive Secretary.
	308.103	Appointment of administrative law judge.
	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	Document discovery.
	308.108	Sanctions.
	308.109	Suspension and disbarment.
	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.
	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.
	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.
	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.
	308.132	Assessment of penalties.
	308.133	Effective date of, and payment under, an order to pay.
	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.
	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.
	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.
	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.
	308.156	Scope.
	308.157	Relevant considerations.
	308.158	Filing papers and effective date.
	308.159	Denial of applications.
	308.160	Hearings.
	308.161	Scope.
	308.162	Relevant considerations.
	308.163	Notice of suspension, and orders of removal or prohibition.
	308.164	Hearings.
	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.
	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.
	308.200	Scope.
	308.201	Directives to take prompt corrective action.
	308.202	Procedures for reclassifying a bank based on criteria other than capital.
	308.203	Order to dismiss a director or senior executive officer.
	308.204	Enforcement of directives.
	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.
	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.
	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.
	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.