§ 308.167. Notice of assessment of liability.
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/us/cfr/t12/s§ 308.167·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The amount of liability shall be assessed upon service of a Notice of Assessment of Liability upon the liable depository institution, within two years of the date the Corporation incurred the loss.
(b)Contents of Notice.
(1)The Notice of Assessment of Liability shall set forth:
(i)The basis for the FDIC's jurisdiction over the proceeding;
(ii)A statement of the Corporation's good faith estimate of the amount of loss it has incurred or anticipates incurring;
(iii)A statement of the method by which the estimated loss was calculated;
(iv)A proposed order directing payment by the liable institution of the FDIC's estimated amount of loss, and the schedule under which the payment will be due;
(v)In cases involving more than one liable institution, the estimated amount of each institution's share of the liability.
(2)The Notice of Assessment of Liability shall advise the liable institution(s):
(i)That an answer must be filed within 20 days after service of the Notice;
(ii)That, if a hearing is requested, a request for a hearing must be filed within 20 days after service of the Notice;
(iii)That if a hearing is requested, such hearing will be held within the judicial district in which the liable institution is found, or, in cases involving more than one liable institution, within a judicial district in which at least one liable institution is found;
(iv)That, unless the administrative law judge sets a different date, the hearing will commence 120 days after service of the Notice of Assessment of Liability; and
(v)That failure to request a hearing shall render the Notice of Assessment a final and unappealable order.