FDIC’s Revised Exam Appeal Guidelines Reflect ABA-Advocated Changes

The FDIC today issued revised guidelines to expand banks’ rights to appeal exam decisions and improve consistency with other agencies’ appeal processes. Specifically, the revised guidelines allow banks to appeal a determination of compliance with an existing formal enforcement action and a determination to initiate an informal enforcement action. They also modify when formal enforcement actions become unappealable and provide additional Supervision Appeals Review Committee appeal rights.

In response to comments from the American Bankers Association, the FDIC clarified that material supervisory determinations include decisions to initiate formal enforcement actions. FDIC also expressly stated that matters requiring board attention are material supervisory determinations that may be appealed under the guidelines. ABA acknowledged that today’s revised guidelines are a positive step forward, but continues to support efforts to establish an independent appeals option to financial institutions, along with safeguards to protect against retaliation. For more information, contact ABA’s Shaun Kern.