---
kind: "section"
citation: "12 C.F.R. § 308.167"
title: "12"
number: "308.167"
heading: "Notice of assessment of liability."
url: "https://uscodex.org/cfr/12/308.167"
---

# §308.167. Notice of assessment of liability.

- (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.

## Notes

### Authority

Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1464, 1467(d), 1467a, 1468, 1815(e), 1817, 1818, 1819, 1820, 1828, 1829, 1829(b), 1831i, 1831m(g)(4), 1831 o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), 5414(b)(3); 15 U.S.C. 78(h) and (i), 78 o (c)(4), 78 o -4(c), 78 o -5, 78q-1, 78s, 78u, 78u-2, 78u-3, 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Pub. L. 104-134, sec. 31001(s), 110 Stat. 1321; Pub. L. 109-351, 120 Stat. 1966; Pub. L. 111-203, 124 Stat. 1376; Pub. L. 114-74, sec. 701, 129 Stat. 584.

### Source

Source: 56 FR 37975, Aug. 9, 1991, unless otherwise noted.