FDIC Proposes Additional Revisions to Guidelines for Appeals Process on Material Supervisory Determinations

The FDIC proposed revisions to the guidelines for the appeals process on material supervisory determinations. The revisions would clarify the role of the FDIC's Office of the Ombudsman, an administrative office that focuses on providing informational assistance to organizations under FDIC supervision.

The guidelines "describe the types of determinations that are eligible for review and the process by which appeals will be considered and decided" by the Supervision Appeals Review Committee ("SARC"). The proposal would add the Office of the Ombudsman as a non-voting member of SARC to ensure there are no conflicts of interest with the Office's statutory role. Additionally, the guidelines would impose a mandate to require all materials reviewed by SARC to be shared with all parties involved during an appeal. The proposal would also allow FDIC-supervised institutions to request a stay of a SARC determination while an appeal is pending.

Comments on the proposal will be accepted until November 21, 2022.