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e-CFR Data is current as of February 4, 2010
TITLE 12--Banks and Banking
CHAPTER III--FEDERAL DEPOSIT INSURANCE CORPORATION
SUBCHAPTER A--PROCEDURE AND RULES OF PRACTICE
PART 308--RULES OF PRACTICE AND PROCEDURE
Subpart A--UNIFORM RULES OF PRACTICE AND PROCEDURE
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| Authority of Board of Directors. |
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| Authority of the administrative law judge. |
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| Appearance and practice in adjudicatory proceedings. |
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| Good faith certification. |
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| Construction of time limits. |
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| Witness fees and expenses. |
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| Opportunity for informal settlement. |
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| FDIC's right to conduct examination. |
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| Collateral attacks on adjudicatory proceeding. |
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| Commencement of proceeding and contents of notice. |
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| Consolidation and severance of actions. |
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| Scope of document discovery. |
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| Request for document discovery from parties. |
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| Document subpoenas to nonparties. |
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| Deposition of witness unavailable for hearing. |
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| Partial summary disposition. |
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| Scheduling and prehearing conferences. |
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| Recommended decision and filing of record. |
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| Exceptions to recommended decision. |
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| Review by Board of Directors. |
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| Stays pending judicial review. |
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Subpart B--GENERAL RULES OF PROCEDURE
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| Authority of Board of Directors and Executive Secretary. |
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| Appointment of administrative law judge. |
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| Filings with the Board of Directors. |
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| Written testimony in lieu of oral hearing. |
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Subpart C--RULES OF PRACTICE BEFORE THE FDIC AND STANDARDS OF CONDUCT
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| Suspension and disbarment. |
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Subpart D--RULES AND PROCEDURES APPLICABLE TO PROCEEDINGS RELATING TO DISAPPROVAL OF ACQUISITION OF CONTROL
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| Answer to notice of disapproval. |
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Subpart E--RULES AND PROCEDURES APPLICABLE TO PROCEEDINGS RELATING TO ASSESSMENT OF CIVIL PENALTIES FOR WILLFUL VIOLATIONS OF THE CHANGE IN BANK CONTROL ACT
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| Effective date of, and payment under, an order to pay. |
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Subpart F--RULES AND PROCEDURES APPLICABLE TO PROCEEDINGS FOR INVOLUNTARY TERMINATION OF INSURED STATUS
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| Grounds for termination of insurance. |
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| Notification to primary regulator. |
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| Notice of intent to terminate. |
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| Involuntary termination of insured status for failure to receive deposits. |
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| Temporary suspension of deposit insurance. |
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| Special supervisory associations. |
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Subpart G--RULES AND PROCEDURES APPLICABLE TO PROCEEDINGS RELATING TO CEASE-AND-DESIST ORDERS
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| Grounds for cease-and-desist orders. |
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| Notice to state supervisory authority. |
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| Effective date of order and service on bank. |
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| Temporary cease-and-desist order. |
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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
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| Effective date of, and payment under, an order to pay. |
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Subpart I--RULES AND PROCEDURES FOR IMPOSITION OF SANCTIONS UPON MUNICIPAL SECURITIES DEALERS OR PERSONS ASSOCIATED WITH THEM AND CLEARING AGENCIES OR TRANSFER AGENTS
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| Grounds for imposition of sanctions. |
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| Notice to and consultation with the Securities and Exchange Commission. |
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| Effective date of order imposing sanctions. |
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Subpart J--RULES AND PROCEDURES RELATING TO EXEMPTION PROCEEDINGS UNDER SECTION 12(H) OF THE SECURITIES EXCHANGE ACT OF 1934
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| Application for exemption. |
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| Decision of Board of Directors. |
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Subpart K--PROCEDURES APPLICABLE TO INVESTIGATIONS PURSUANT TO SECTION 10(C) OF THE FDIA
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| Conduct of investigation. |
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| Powers of person conducting investigation. |
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| Investigations confidential. |
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Subpart L--PROCEDURES AND STANDARDS APPLICABLE TO A NOTICE OF CHANGE IN SENIOR EXECUTIVE OFFICER OR DIRECTOR PURSUANT TO SECTION 32 OF THE FDIA
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| Grounds for disapproval of notice. |
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| Procedures where notice of disapproval issues pursuant to 303.103(c) of this chapter. |
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Subpart M--PROCEDURES AND STANDARDS APPLICABLE TO AN APPLICATION PURSUANT TO SECTION 19 OF THE FDIA
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| Filing papers and effective date. |
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Subpart N--RULES AND PROCEDURES APPLICABLE TO PROCEEDINGS RELATING TO SUSPENSION, REMOVAL, AND PROHIBITION WHERE A FELONY LS CHARGED
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| Notice of suspension or prohibition, and orders of removal or prohibition. |
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Subpart O--LIABILITY OF COMMONLY CONTROLLED DEPOSITORY INSTITUTIONS
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| Grounds for assessment of liability. |
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| Notice of assessment of liability. |
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| Effective date of and payment under an order to pay. |
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Subpart P--RULES AND PROCEDURES RELATING TO THE RECOVERY OF ATTORNEY FEES AND OTHER EXPENSES
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| Filing, content, and service of documents. |
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| Responses to application. |
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| Eligibility of applicants. |
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| Statement of fees and expenses. |
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| Board of Directors action. |
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Subpart Q--ISSUANCE AND REVIEW OF ORDERS PURSUANT TO THE PROMPT CORRECTIVE ACTION PROVISIONS OF THE FEDERAL DEPOSIT INSURANCE ACT
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| Directives to take prompt corrective action. |
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| Procedures for reclassifying a bank based on criteria other than capital. |
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| Order to dismiss a director or senior executive officer. |
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| Enforcement of directives. |
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Subpart R--SUBMISSION AND REVIEW OF SAFETY AND SOUNDNESS COMPLIANCE PLANS AND ISSUANCE OF ORDERS TO CORRECT SAFETY AND SOUNDNESS DEFICIENCIES
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| Determination and notification of failure to meet a safety and soundness standard and request for compliance plan. |
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| Filing of safety and soundness compliance plan. |
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| Issuance of orders to correct deficiencies and to take or refrain from taking other actions. |
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Subpart S--APPLICATIONS FOR A STAY OR REVIEW OF ACTIONS OF BANK CLEARING AGENCIES
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| Applications for stays of disciplinary sanctions or summary suspensions by a bank clearing agency. |
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| Applications for review of final disciplinary sanctions, denials of participation, or prohibitions or limitations of access to services imposed by bank clearing agencies. |
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Subpart T--PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES
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| Basis, purpose, and scope. |
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| Basis for civil penalties and assessments. |
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| Review by the reviewing official. |
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| Prerequisites for issuing a complaint. |
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| Default upon failure to file an answer. |
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| Referral of complaint and answer to the ALJ. |
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| Disqualification of reviewing official or ALJ. |
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| Exchange of witness lists, statements, and exhibits. |
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| Subpoenas for attendance at hearing. |
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| Form, filing, and service of papers. |
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| The hearing and burden of proof. |
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| Determining the amount of penalties and assessments. |
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| Reconsideration of initial decision. |
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| Appeal to the Board of Directors. |
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| Stays ordered by the Department of Justice. |
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| Collection of civil penalties and assessments. |
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| Right to administrative offset. |
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| Deposit in Treasury of United States. |
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| Compromise or settlement. |
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Subpart U--REMOVAL, SUSPENSION, AND DEBARMENT OF ACCOUNTANTS FROM PERFORMING AUDIT SERVICES
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| Removal, suspension, or debarment. |
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| Automatic removal, suspension, and debarment. |
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| Notice of removal, suspension, or debarment. |
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| Application for reinstatement. |
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