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Federal Deposit
Insurance Corporation

Each depositor insured to at least $250,000 per insured bank

Delegations of Authority: Enforcement Actions

(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
8(a) Notice to Primary Regulator Tier 1 Capital < 2% and no Tier II Capital No Yes Yes Yes No No Yes Yes
  Tier I Capital < 2% No Yes Yes No No No Yes No
  Tier I Capital 2% or greater Yes No No No No No NA NA
8(a) Notice of Intent to Terminate Insured Status Respondent failed to correct viol / practice / condition No Yes Yes No No No Yes No
8(a) Order Terminating Insured Status   Yes No No No No No NA NA
  Consent C&D (no Notice) No Yes Yes Yes No No Yes Yes
  Consent C&D, with Notice, prior to ALJ filing of proposed Findings of Fact No Yes Yes Yes No No Yes Yes
  Consent C&D after ALJ filing of proposed Findings of Fact Yes No No No No No NA NA
  Issue 8(b) Order without consent (303.278(c)) Yes No No No No No NA NA
(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
8(b)(6)(A) Restitution Action Issue Notice of Charges Yes Yes1 Yes1 No No No Yes No
8(c) Temp C&D Issue Notice of Charges No Yes Yes No No No Yes No
8(e) Removal: Issue Notice of Charges No Yes1 Yes1 No No No Yes No
Issue 8(e) (1), (2) or(3) (Consent) Issue Notice of Charges No Yes2 Yes2 No No No Yes No
  Issue Notice of Charges No Yes Yes No No No Yes No
  After ALJ filing proposed Findings Yes No No No No No NA NA
Issue 8(e)(1), (2) or (3) with-out consent 303.278(d)&(e) Yes No No No No No NA NA
Issue 8(g) Suspension & Removal With consent, to issue 8(g) Suspension Order (after indictment) or 8(g) Permanent Order (after conviction). No Yes2 Yes2 No No No Yes NA
Issue 8(e) (1), (2) or(3) (Consent) Mandatory per: 8(g)(1)(C)(ii) No Yes Yes No No No Yes No
  8(g) Without Consent or not statutorily mandatory Yes No No No No No NA NA
(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
8(i) & 7(a)(1) Civil Money Penalties Notice of Assessment of CMPs No Yes1,3 Yes1,3 No No No Yes No
  Issue Consent Final Order to Pay, with or without prior Notice of Assessment No Yes2,3 Yes2,3 No No No Yes No
  Issue Final Order to Pay without consent and hearings have been held Yes No No No No No NA NA
  Prosecution and Collection of CMPs No NA NA NA NA NA Yes4 Yes4
  Notice of Assessment of Liability to Commonly Controlled Insured Institutions No Yes Yes No No No Yes No
  Grant or Denial of request for waiver of liability (303.278(j)) Yes No No No No No NA NA
(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
FDIA Section 38 PCA Actions (Directives / Orders / Cap Plans ) Accept/Reject Cap Plan Require new/revised Cap Plan; any determination as to Cap Plan No Yes Yes Yes No No Yes Yes
  Issue Notice of Intent to:                
  issue capital directive No Yes Yes Yes No No Yes Yes
  issue PCA directive other than 38(f)(2)(F)(ii) No Yes Yes Yes No No Yes Yes
  38(f)(2)(F)(ii) dismissals No Yes Yes Yes No No Yes Yes
  reclassify capital category per 325.103(d) or 308.202 No Yes Yes Yes No No Yes Yes
FDIA Section 38 PCA Actions (Continued) Issue:                
  Capital Directive No Yes Yes Yes No No Yes Yes
  PCA Directive other than 38(f)(2)(F)(ii) No Yes Yes Yes No No Yes Yes
  38(f)(2)(F)(ii) dismissal order with consent No Yes Yes No No No Yes No
  Immediate issuance of Directive without Notice (308.201(a)(2) No Yes Yes Yes No No Yes Yes
  Act on Appeals of Immediately effective PCA Directive No Yes Yes No No No Yes No
  Directives to Reclassify per 325.103(d) or 308.202 with consent No Yes Yes Yes No No Yes Yes
  Orders on requests for informal hearing to reconsider reclassification per 308.202 No Yes Yes Yes No No Yes Yes
(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
FDIA Section 38 PCA Actions (Continued) Act on Recommended Decision of Presiding Officer in Reclassif. Hearing (308.202). No Yes Yes No No No Yes No
Unilateral Settlement Offers Accept, deny, enter into negotiations regarding settlement and offers pursuant to Part 308 No Yes Yes No No No Yes No
Acceptance of Written Agreements with inst. Or IAP Pertaining to any Section 8 (a) matter No Yes Yes No No No Yes No
  Pertaining to or in lieu of any Section 8(b) matter / order No Yes Yes No No No Yes No
  Concerning conditions precedent to FDIC's nonobjection to a filing No Yes Yes Yes No No Yes No
Modif. or Termination of Enf. Actions and Orders Termination of any 8(a) orders, agmts, actions when insured inst. is closed by chartering authority No Yes Yes Yes No No Yes Yes
  Termination of 8(a) Notification to Primary Regulator (Material Compliance) No Yes Yes Yes6 No No Yes Yes
  Termination of 8(a) Notice of Intent to Terminate Insured Status (Material Compliance) No Yes Yes Yes6 No No Yes Yes
  Terminate 8(b) and (c) Orders and Agmts or actions pending under 8(b) or (c) when inst. is closed by chartering authority No Yes Yes Yes No No Yes Yes
  Terminate 8(b) Orders (Material Compliance) No Yes Yes Yes No No Yes Yes
  Modification or Termination of 8(e) Order or action No Yes Yes No No No Yes No
  Grant or deny requests for reinstatement to office, whether or not an informal hearing has been requested, pursuant to 12 C.F.R. 308.203 No No No No No No No No
  Modification or Termination of 8(g) Yes Yes Yes No No No Yes No
  Denials of Requests for 8(g) modifications or terminations Yes No No No No No NA NA
  Termination of any pending enforcement action: Any pending action may be dismissed or terminated at any time prior to the commencement of a hearing on the merits by ALJ No Yes No No No No Yes No
  With consent, No later than 14 days after closing of record of administrative hearing, but before ALJ decision No Yes No No No No Yes No
  After 14 days Yes No No No No No NA NA
(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisory Examiner
(9)
Certification General Counsel or designee required
(10)
Certification Regional Counsel
Section 39 Compliance Plans (39 Plans) Accept/reject 39 Plans Require new/revised 39 plans; make any determination as to 39 plans No Yes Yes Yes No No Yes Yes
  Issue Notice of Intent to issue Order and Issue Order pursuant to Section 39 No Yes Yes Yes No No Yes No
  Act on requests for modification or rescission of Sec 39 Order No Yes Yes Yes No No Yes No
  Act on appeals of immediately effective orders issues pursuant to section 39 of the FDI Act No Yes Yes Yes No No Yes No

10C Investigations

(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
DSC Director & Deputy Director
(5)
DSC Associate Director
(6)
DSC Reg. Director Dpty Reg Director Area Director
(7)
DSC Assistant Regional Director
(8)
DSC Case Manager, Field Supervisor or Supervisor
(9)
General Counsel or designee to issue
10(c) Investigations Order of Investigation pursuant to FDIA 10(c) and Subpart K of 308 (308.144 thru .150) No Yes Yes No No No  
  Order of Investigation pursuant to FDIA Sec 8 thru 13 No NA NA NA NA NA Yes
  Order of Investigation pertaining to an open insured depository institution or an institution making application to become an insured depository institution, or an order of investigation against an institution that has been placed into conservatorship or receivership No Yes
concurrent execution w/ Legal
Yes
concurrent execution w/ Legal
No No No Yes
Concurrent execution w/ DSC

8(p) and 8(q) Actions

(1)
Enforcement Action
(2)
Type of Delegation
(3)
Reserved to Board
(4)
Executive Secretary
(5)
Concur DSC Director & Deputy Director
(6)
Concur DSC Associate Director
(9)
General Counsel
8(p) Termination of Insured Status Institution ceases to accept deposits other than trust funds No Yes5 Yes Yes Yes
8(q) Termination of Insured Status Deposit Liabilities have been assumed by another insured institution No Yes5 Yes Yes Yes

FOOTNOTES:

  1. Authority delegated to the Deputy Director, Risk Management, and Associate Director, Supervision and Applications Branch of DSC to issue Notices of Charges pursuant to sections 8(e) and (g) of the Federal Deposit Insurance Act and Notices of Assessment and Final Orders to Pay pursuant to section 8(i) (except Call Report, Home Mortgage Disclosure Act, Flood insurance or other consumer related Civil Money Penalties) and 8(b)(6) of the Act (collectively "Notices") can be exercised only upon the prior written joint concurrence by the Director, DSC and the General Counsel of the FDIC for the issuance of the Notice.
  2. Authority delegated to the Deputy Director, Risk Management, and Associate Director, Supervision and Applications Branch of DSC to provide written concurrence for the issuance of an Order pursuant to stipulation and consent entered into between the FDIC and any Respondent respecting enforcement actions pursuant to sections 8(b)(6), 8(e), and 8(i) (except Call Report, Home Mortgage Disclosure Act, Flood insurance or other consumer related Civil Money Penalties) can be exercised only upon receipt of the written concurrence of the General Counsel or his designee, to issue the stipulated Order.
  3. Authority delegated to the DSC Director, Deputy Directors, and Associate Directors, to levy and enforce CMPs for:
    • late, inaccurate, false, or misleading filing of Reports of Condition and Income pursuant to §7(a)(1) of the Act;
    • late, inaccurate, false, or misleading filing of HMDA reports or CRA loan data pursuant to §8(i) of the Act;
    • violations of the National Flood Insurance Act and Part 339 of the FDIC Rules and Regulations or other consumer related actions; and
    • any other reports as the Board of Directors may require.

    The authority to levy and enforce such CMPs has historically been granted exclusively to the General Counsel. It is important that DSC consult with, and coordinate closely with, the Legal Division (Compliance and Enforcement) in addition to obtaining appropriate General Counsel certification in order to preserve appropriate historical perspective and expertise in these cases.
  4. Authority delegated to the General Counsel and his/her designee to prosecute administrative civil money penalty actions and to collect civil money penalties under the Section.
  5. Authority to issue Termination of Insured Status Orders to be exercised upon recommendation of DSC Director, Deputy Directors, and Associate Directors, and concurrence of General Counsel, or his designee.
  6. Prior to exercising this authority, the Regional Director, or designee, should consult with Washington DSC Sr. Management and provide information regarding how an institution is in material compliance with the outstanding notice.

*FOOTNOTES APPLICABLE TO ALL OF EXHIBIT II

  1. Any subdelegation below the Regional Director level must be in writing by the Regional Director.
  2. Any FDIC official with delegated authority under this part may elect not to exercise that authority.