On September 6, the Federal Deposit Insurance Corporation (FDIC) issued revised guidelines entitled “Guidelines for Appeals of Material Supervisory Determinations”, which govern appeals by all FDIC-supervised institutions to Division Directors and the Supervision Appeals Review Committee. These revised guidelines expand the circumstances under which banks may appeal a material supervisory determination, enhance consistency with the appeals processes of other federal banking agencies, and include other limited technical and conforming changes.

For example, the revised guidelines permit the appeal of the level of compliance with an existing formal enforcement action, the decision to initiate an informal enforcement action and matters requiring board attention. Moreover, the revised guidelines state that a formal enforcement-related action or decision does not affect an appeal that is pending under the guidelines. The revised guidelines also provide additional opportunities for appeal in certain circumstances, such as in the case of a referral to the US Attorney General or providing notice to the US Department of Housing and Urban Development for violations of the Equal Credit Opportunity Act. Finally, under the revised guidelines, the FDIC will publish annual reports on Division Directors’ decisions regarding material supervisory determinations.

In connection with the revised guidelines, the FDIC is rescinding FIL-52-2016, entitled “FDIC Seeks Comment on Bank Appeals Guidelines.” The FDIC is also rescinding FIL-113-2004, entitled “FDIC Appeals Processes.”

The revised guidelines are available here.