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Supervisory Appeals & Dispute Resolution Processes & Transparency

Learn about the purpose and workings of the appeals process for insured depository institutions (IDIs) that disagree with supervisory determinations. Understand the types of determinations that can be appealed, the timeline for the appeals process, the role of the Supervision Appeals Review Committee (SARC), and the protections against retaliation. Access reference materials and explore opportunities for transparency in agency operations.

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Supervisory Appeals & Dispute Resolution Processes & Transparency

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  1. Supervisory Appeals & Dispute Resolution Processes & Transparency

  2. Today’s Agenda Topics Covered Today • What is the purpose of the Appeals Process – What is it and who uses it? • What type of determinations can be appealed? • How does the Appeals Process work and what is the timeline? • What is the Supervision Appeals Review Committee (SARC) and what is their role in the Appeals Process? • What protections are available to prevent retaliation? • Reference Materials

  3. Appeals Process - Purpose • Provides insured depository institutions (“IDIs”) that disagree with material supervisory determinations (“MSD”s) an informal opportunity to obtain an independent intra-agency review of MSDs by a standing FDIC Board-level committee. • Ensures that appeals are heard and decided in a timely manner.

  4. MSDs – What Can be Appealed? • IDIs can appeal a variety of MSDs, including: • Matters Requiring Board Attention (“MRBA”s) • Adverse Classifications (that exceed 10 percent of an institution’s total capital) • Cited violations of law and regulations • CAMELS, and other examination ratings • CRA ratings • Consumer Compliance ratings • Determinations relating to the adequacy of loss loan reserves

  5. What is Not Subject to Appeal?

  6. How does the Appeals Process Work? • IDIs are encouraged – but not required – to make good-faith efforts to resolve disagreements with the on-site examiner and the appropriate Regional Office • An IDI may file a request for review with the appropriate Division Director within 60 days of receiving the MSD • The Division Director reviews the matter and issues a written decision to the IDI within 45 days of receiving the request

  7. How does the Appeals Process Work?

  8. Retaliation Concerns? • FDIC Guidelines prohibit any retaliation, abuse, or retribution by an agency examiner or any FDIC personnel against an IDI • IDIs that believe they have been retaliated against are encouraged to contact the appropriate Regional Director • IDIs that suspect retaliation may file a complaint with the Office of the Ombudsman • The Office of the Ombudsman will work with the appropriate Division Director to resolve the allegation of retaliation

  9. Resources – Appeals Process • September 6, 2017 Financial Institution Letter • Revised Guidelines for Appeals of Material Supervisory Determinations • SARC Guidelines • Guidelines for Appeals of Material Supervisory Determinations • General Overview • Appeals of Material Supervisory Determinations: Guidelines & Decisions • www.fdic.gov/regulations/laws/sarc/

  10. Topics to think about • Are there specific barriers or concerns to pursuing a review or appeal, when you have a disagreement that can not be resolved to your satisfaction at the Examiner of the Regional Office level? • Are there opportunities for additional transparency on agency operations by expanding information available on the FDIC website?

  11. Website Information DOWNLOAD THE 2019: LISTENING SESSIONS MATERIALS Visit the Ombudsman webpage to download today’s materials & To contact your local Ombudsman. NEW! Keep up-to-date at www.fdic.gov/regulations/resources/ombudsman/

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