Appeals of Material Supervisory Determinations: Guidelines
(October 4, 1995)
The Supervision Appeals Review Committee
(Committee) of the Federal Deposit Insurance Corporation (FDIC), on
September 22, 1995, considered your appeal of the Compliance and Community
Reinvestment Act (CRA) ratings issued to [Bank] (Bank), pursuant to the
Compliance Examination Report (Report) as of February 27, 1995.
The Committee concluded that the Compliance rating was
appropriate given the violations cited, including the repetitive nature of
several of the cited violations. The Committee noted that the bank appeared
to have taken appropriate corrective actions to address the violations
cited; however, the basis for the rating was correct at the time the
examination was conducted. This determination is considered a final
supervisory decision by the FDIC.
The Committee did not reach a conclusion
on the CRA rating, however, since some of the material contained in the work
papers and census information available to the examiner at the time of the
examination, that might substantiate the examiners conclusions, had not
been provided to the Bank. Accordingly, the Committee directed staff to
provide the information to the bank for its comments about the material
before the Committee made a final determination on the substance of the
appeal. In order to permit this process to occur, the Bank must authorize
an extension of the time period for the Committee to reach a decision. It
is our understanding that your Chairman has verbally agreed to such an
extension. When the Banks response is received, staff will bring the case
back to the Committee for its further review and determination regarding the
appeal of the CRA rating.
By direction of the Supervision Appeals
Review Committee of the Federal Deposit Insurance Corporation.