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 and Standards Applicable to an Application Pursuant to Section 19 of the FDIA

§ 308.156 - Scope.

§ 308.157 - Denial of applications.

§ 308.158 - Hearings.

§ 308.159 - Denial of applications.

§ 308.160 - 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