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Federal Deposit
Insurance Corporation

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

Appeals of Material Supervisory Determinations: Guidelines & Decisions

The Division of Supervision and Consumer Protection's (DSC) Guidelines for Processing Requests for Review of Material Supervisory Determinations

Overview

On June 28, 2004, the FDIC Board of Directors adopted revised Guidelines for Appeals of Material Supervisory Determinations (Guidelines), which govern the Supervision Appeals Review Committee (SARC). The guidelines were published in the Federal Register on July 9, 2004, and distributed to insured state nonmember institutions via Financial Institution Letter-113-2004, dated October 13, 2004. See Guidelines.

Sections D, E, and F of the Guidelines describe the material supervisory determinations that are subject to appeal, the good faith resolution process with the appropriate Regional Office, and the procedures for filing a request for review of a material supervisory determination(s) with the DSC Director. Described below are DSC's procedures for processing requests for review of material supervisory determinations.

DSC's Request for Review Processing Guidelines

The DSC Director will issue a written determination within 30 days after receiving an institution's request for review of a material supervisory determination (Review Request). DSC will take the following steps when processing Review Requests.

If dissatisfied with the DSC Director's written determination, the institution has the discretion to appeal to the SARC. The DSC Director's written determination will inform the bank of the 30-day time period for filing an appeal with the SARC along with the mailing address for any appeal the institution may wish to file. Refer to Section G of the Guidelines for the requirements for filing an appeal with the SARC.


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