---
kind: "section"
citation: "12 C.F.R. § 1209.23"
title: "12"
number: "1209.23"
heading: "Commencement of proceeding and contents of notice of charges."
url: "https://uscodex.org/cfr/12/1209.23"
---

# §1209.23. Commencement of proceeding and contents of notice of charges.


Proceedings under [subpart C](/cfr/12/subpartC.md) of this part are commenced by the Director by the issuance of a notice of charges, as defined in [§ 1209.3(p)](/cfr/12/1209.3.md?p=p), that must be served upon a respondent. A notice of charges shall state all of the following:

- (a) The legal authority for the proceeding and for FHFA's jurisdiction over the proceeding;
- (b) A statement of the matters of fact or law showing that FHFA is entitled to relief;
- (c) A proposed order or prayer for an order granting the requested relief;
- (d) **Information concerning the nature of the proceeding and pertinent procedural matters, including—** the requirement that the hearing shall be held in the District of Columbia; the presiding officer will set the date and location for an evidentiary hearing in a scheduling order to be issued not less than 30 days or more than 60 days after service of the notice of charges; contact information for FHFA enforcement counsel and the presiding officer, if known; submission information for filings and appearances, the time within which to request a hearing, and citation to FHFA Rules of Practice and Procedure; and
- (e) Information concerning proper filing of the answer, including the time within which to file the answer as required by law or regulation, a statement that the answer shall be filed with the presiding officer or with FHFA as specified therein, and the address for filing the answer (and request for a hearing, if applicable).

## Notes

### Authority

Authority: 5 U.S.C. 554, 556, 557, and 701 et seq.; 12 U.S.C. 1430c(d); 12 U.S.C. 4501, 4502, 4503, 4511, 4513, 4513b, 4517, 4526, 4566(c)(1) and (c)(7), 4581-4588, 4631-4641; and 28 U.S.C. 2461 note.

### Source

Source: 76 FR 53607, Aug. 26, 2011, unless otherwise noted.