Bank Appeals Process: Notice of Proposed Rulemaking

The Office of the Comptroller of the Currency (OCC) is issuing a notice of proposed rulemaking to establish revised procedures and policies for OCC-supervised entities to appeal material supervisory determinations by the OCC. The proposed changes reflect the OCC’s experience administering the bank appeals process and are intended to enhance the independence and efficiency of the appeals function.

Highlights

The proposal would amend 12 CFR 4 to add a subpart governing bank appeals of material supervisory determinations. The proposed rule would

• replace the OCC’s existing guidance for handling bank appeals;
• establish a board, called the “appeals board,” to decide bank appeals;
• clarify a de novo standard of review for deciding appeals;
• establish standards for when stays of material supervisory determinations would be issued pending an appeal;
• strengthen the agency’s ombudsman function;
• establish standards for expedited appeals; and
• prohibit retaliation against a bank for filing an appeal.

Further Information

Please contact Joanne Phillips, Counsel, or Daniel Prieve, Counsel, Chief Counsel’s Office, at (202) 649-5490.

Adam J. Cohen
Senior Deputy Comptroller and Chief Counsel

Related Link

• Bank Appeals Process: Notice of Proposed Rulemaking (PDF)