XIX. NOTICE OF OPPORTUNITY FOR HEARING ON CMP ASSESSMENT 367. Notice is given, pursuant to 12 U.S.C. ¤ 1818(i)(2) (1988 &: Supp. IV 1992), that Respondents MAXXAM, Federated, Hurwitz, Gross, Berner and Munitz are afforded an opportunity for a formal hearing, if requested, concerning the assessment of civil money penalties, which are set forth above. A hearing will be held with respect to the assessments against the Respondents, provided that within twenty (20) days after issuance and service of the Notice of Assessment, a Respondent files a written request for a hearing with respect to the assessments against the Respondent. Section 8(h) of the FDIA, 12 U.S.C. ¤ 1818(h) (1988 &: Supp. 1992), shall apply to any proceeding requests. 368. Any hearing held on the CMP assessments, as described above, shall be combined with the hearing of the other matters set forth in the foregoing Notice, including those concerning the issuance of orders to cease and desist and orders of prohibition. 369. If any Respondent fails to file a request for a hearing within the aforementioned twenty-day (20-day) period, that assessment shall constitute a final and unappealable assessment order of the OTS as provided by the FDIA, 12 U.S.C. ¤ 1818(i)(2)(E) (1988 &: Supp. IV 1992). See also 12 C.F.R. ¤ 509.19(c)(2) (1995). Any final and unappealable assessment order may be referred to the United States Department of Justice for collection against the subject of the assessment order. 370. Until an OTS attorney files a notice of appearance in this proceeding, the Respondents shall serve a copy of each and every of their filings on counsel of record for the OTS, as follows: Kenneth J. Guido, Jr. Special Enforcement Counsel Office of Thrift Supervision 1700 G Street, N.W. Washington, DC 20552 OFFICE OF THRIFT SUPERVISION December 22, 1995 BY: JONATHAN L. FIECHTER ACTING DIRECTOR