12 CFR §308.167
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.
- (1)The Notice of Assessment of Liability shall set forth: