Summary:

Following up on the Board’s request for comment in October 2022 on proposed changes to the Guidelines for Appeals of Material Supervisory Determinations (Guidelines), the Board has adopted the revised Guidelines.  The revised Guidelines include the changes that the FDIC proposed in October, as well as further changes incorporating suggestions and addressing concerns raised by the commenters.

The revised Guidelines take effect December 13, 2022 in order to provide the benefits of the amendments to appealing institutions as soon as possible.

The Notice can be found on the FDIC’s website.

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions.

Highlights:

• The revised Guidelines expand and clarify the role of the FDIC’s Ombudsman in the appeals process, adding the Ombudsman to the SARC as a non-voting member.  This further balances the perspectives reflected in the composition of the SARC.
• The Ombudsman also will monitor the supervision process following an institution’s submission of an appeal under the revised Guidelines and report to the Board on these matters periodically.
• Materials considered by the SARC will be shared with both parties to the appeal on a timely basis, and in time to prepare for a meeting with the SARC, if one is requested, subject to applicable legal limitations on disclosure and oversight by the Ombudsman.
• Institutions may request a stay of a supervisory action or determination from the appropriate Division Director while an appeal is pending.  The Division Director will have discretion to grant a stay and may grant a stay subject to certain conditions, where appropriate.  Decisions will be provided to institutions, in writing, regarding a stay that includes the reasons for the decision.