‘Appeals board’ of material supervisor determinations would be created under OCC proposal

A new “appeals board” to decide bank appeals, among other things, would be created under a proposal issued Tuesday by the national bank regulator.

The proposal by the Office of the Comptroller of the Currency (OCC) would revise appeals policies of material supervisory determinations by the agency. Comments are due in 60 days after publication in the Federal Register.

Specifically, the proposal (in addition to starting an “appeals board”) would:

• prohibit retaliation against a bank for filing an appeal.

• replace the OCC’s existing guidance for handling bank appeals;
• clarify a de novo standard of review for deciding appeals;
• establish standards for when stays of material supervisory determinations would be issued pending an appeal;
• strengthen the agency’s ombudsman function (which the agency called “a neutral liaison to help banks seek redress for grievances”); and
• establish standards for expedited appeals.

“The proposed changes reflect the OCC’s experience administering the bank appeals process and are intended to enhance the independence and efficiency of the appeals function,” the agency said in a release.

OCC Requests Comment on Proposed Rulemaking on the Bank Appeals Process

Bank Appeals Process: Notice of Proposed Rulemaking