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FDIC: Proposed Revisions to the Guidelines for Appeals for Material Supervisory Determinations and Deposit Insurance Assessments Determinations

ABA Contact: Paul Smith, (202) 663-5331
Published: 69 Federal Register 12855, March 18, 2004
Comments Due: April 19, 2004
Disposition: Filed

Update: Final Rule: 69 Federal Register 41479, July 9, 2004


The Federal Deposit Insurance Corporation (FDIC) proposes to make changes to the appeals process for material supervisory determinations and to provide for appeals of deposit insurance determinations.  The FDIC proposes to reduce the membership of the Supervision Appeals Review Committee (SARC) from five members to three, with the result that the FDIC's Ombudsman would no longer have a vote on nor be allowed to participate in supervisory matters before the SARC; essentially barring the FDIC's Ombudsman from any participation in an appeal of a material supervisory determination.  ABA strongly objected to the proposal.

The FDIC also proposes to remove division directors from considering appeals of assessment determinations and reducing the appeals board to 6 senior members, including a deputy to the FDIC's Chairman, the OTS Board member's deputy and the OCC Board member's deputy.  ABA had no objection to this part of the proposal.

2004 Regulations Chart
Federal Register
Comment Letter