OCC proposes changes to appeals process

The OCC proposed establishing revised procedures and policies for appeals by OCC-supervised entities of material supervisory determinations.

Details: The OCC said:

• The proposed changes are intended to enhance the independence and efficiency of the bank appeals function.

• The proposal includes adding an “appeals board” to hear bank appeals, enhancing the role of the ombudsman as a neutral liaison to help banks seek redress for grievances, establishing a de novo standard of review for appeals, and strengthening prohibitions against retaliation.

• Comments on the attached proposal are due 60 days after the date of publication in the Federal Register.

More Appeals Changes: The FDIC last month approved amendments to its Guidelines for Appeals of Material Supervisory Determinations, which includes replacing its Supervision Appeals Review Committee with the Office of Supervisory Appeals.

ICBA Advocacy: ICBA has long supported reforms to the supervisory appeals process in response to community banker concerns.

• ICBA in September said it supported the proposed enhancements to the FDIC’s internal supervisory appeals process, though it prefers a Federal Financial Institutions Examination Council appeals office.

• ICBA also supports the FAIR Exams Access Act, which would create an Independent Examination Review Director within the FFIEC to address examination complaints and procedures.