The FDIC has adopted changes to its Guidelines for Appeals of “Material Supervisory Determinations” (e.g., exam ratings, determinations, loan loss reserve adequacy, significant loan classifications, etc.). The changes went into effect on July 18th and are intended to enhance the ability to appeal and bring the FDIC’s Guidelines more in line with those of other Agencies. The changes:
- Allow appeal of the level of compliance with an existing formal enforcement action, the decision to initiate an informal enforcement action (e.g., Memoranda of Understanding) or a Matter Requiring Board Attention;
- State that a formal enforcement-related action/decision does not affect a pending appeal subject to the Guidelines;
- Provide additional appeal opportunities through the Supervision Appeals Review Committee (SARC) in certain circumstances when an enforcement action isn’t pursued within 120 days; and,
- Provide for annual reports to be published on Division Directors’ decisions.
Other limited technical and conforming amendments are also included.