§ 308.18 - Commencement of proceeding and contents of notice.

§ 308.18 Commencement of proceeding and contents of notice.

(a) Commencement of proceeding.

(1)

(i) Except for change-in-control proceedings under section 7(j)(4) of the FDIA (, 12 U.S.C. 1817(j)(4)), a proceeding governed by this subpart is commenced by issuance of a notice by the FDIC.

(ii) The notice must be served by Enforcement Counsel upon the respondent and given to any other appropriate financial institution supervisory authority where required by law. Enforcement Counsel may serve the notice upon counsel for the respondent, provided that Enforcement Counsel has confirmed that counsel represents the respondent in the matter and will accept service of the notice on behalf of the respondent.

(iii) The notice must be filed with the Enforcement Counsel must file the notice with OFIA.

(2) Change-in - control proceedings under section 7(j)(4) of the FDIA (12 U.S.C. 1817(j)(4)) commence with the issuance of an order by the FDIC.

(b) Contents of notice. Notice pleading applies. The notice must set forthprovide:

(1) The legal authority for the proceeding and for the FDIC's jurisdiction over the proceeding;

(2) A statement Matters of the matters of fact or law showing that the FDIC is entitled to relief;

(3) A proposed order or prayer for an order granting the requested relief;

(4) The time, place, and nature of the hearing as required by law or regulation;

(5) The time within which to file an answer as required by law or regulation;

(6) The time within which to request a hearing as required by law or regulation; and

(7) That the answer and/or request for a hearing shall must be filed with OFIA.

[56 FR 37975, Aug. 9, 1991, as amended at 86 FR 2247, Jan. 12, 2021]