[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Notices]
[Pages 7042-7046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4023]



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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
[Docket No. 96-04]


Independent Regulatory Appeals Process

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notice.

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SUMMARY: The Office of the Comptroller of the Currency (OCC) is 
publishing in final form its guidelines that permit national banks to 
appeal certain OCC decisions and actions. These appeals guidelines are 
required by the Riegle Community Development and Regulatory Improvement 
Act of 1994. These final guidelines supersede the OCC prior appeals 
policy as set forth in Banking Circular No. 272.

EFFECTIVE DATE: February 23, 1996.

FOR FURTHER INFORMATION CONTACT: Heidi Thomas, Legislative Counsel, 
Legislative and Regulatory Activities Division, 202-874-5090, or Carol 
Connelly, Office of the Chief National Bank Examiner, 202-874-5350, 
Office of the Comptroller of the Currency, 250 E Street SW, Washington, 
DC 20219.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 309(a) of the Riegle Community Development and Regulatory 
Improvement Act of 1994, Pub. L. 103-325 (12 U.S.C. 4806) (Act), which 
was signed into law on September 23, 1994, requires the OCC, the Office 
of Thrift Supervision, the Federal Deposit Insurance Corporation, and 
the Federal Reserve Board (Federal banking agencies), and the National 
Credit Union Administration to establish an independent internal 
appellate process. This process must be available to review material 
supervisory determinations made at insured depository institutions or 
credit unions that the agency supervises.
    Specifically, the Act defines ``independent appellate process'' in 
section 309(f)(2) (12 U.S.C. 4806(f)(2)) as a review by an agency 
official who does not directly or indirectly report to the agency 
official who made the material supervisory determination under review.
    In addition, the Act defines ``material supervisory 
determinations'' in section 309(f)(1) (12 U.S.C. 4806(f)(1)) to include 
determinations relating to (1) examination ratings, (2) the adequacy of 
loan loss reserve provisions, and (3) loan classifications on loans 
that are significant to an institution. This definition expressly 
excludes a determination to appoint a conservator or receiver for an 
insured depository institution or a decision to take prompt corrective 
action pursuant to section 38 of the Federal Deposit Insurance Act (FDI 
Act) (12 U.S.C. 1831o). Section 309(g) of the Act (12 U.S.C. 4806(g)) 
expressly provides that the Act's requirement to establish an appeals 
process does not affect the authority of the Federal banking agencies 
to take enforcement or supervisory actions against an institution.
    Finally, section 309(b) of the Act (12 U.S.C. 4906(b)) requires 
that the Federal banking agencies hear and decide appeals expeditiously 
and ensure that appropriate safeguards exist for protecting the 
appellant from retaliation by Federal banking agency examiners.
    On December 22, 1994, the OCC published in the Federal Register for 
notice and comment proposed guidelines for this appellate process (59 
FR 66067), as required by section 309(c) of the Act (12 U.S.C. 
4806(c)). These procedures modified and clarified the OCC's existing 
national bank appeals procedures, described in Banking Circular No. 272 
(June 11, 1993), to make them consistent with the requirements of the 
Act.
    Pursuant to this notice and request for comments, the OCC received 
three comment letters from interested parties. These comment letters 
generally supported the OCC's proposed guidelines and concluded that 
they satisfied the requirements of the Act. However, the commenters 
suggested some changes, several of which the OCC has addressed in the 
final guidelines.

B. Comments

1. Examiner Retaliation

    To prevent examiner retaliation, the proposed guidelines required 
the OCC Ombudsman to contact the appellant bank to inquire whether it 
believes that OCC examiners have taken actions against it in 
retaliation for its appeal. The Ombudsman must contact the bank within: 
(1) six months after the date the Ombudsman, Deputy Administrator, or 
Deputy Comptroller issues a final written response to an appeal; and 
(2) six months after the date of completion of the first examination 
following an appeal. In addition, national banks that believe they are 
the subject of retaliation because of their appeal may, at any time, 
seek redress with the Ombudsman.
    The commenters agreed that these procedures provide appropriate 
safeguards to protect the appellant bank from retaliation by agency 
examiners, as required by the Act. However, the commenters suggested 
that the guidelines also should state specifically that examiner 
retaliation is unacceptable and unprofessional and should provide for 
disciplinary sanctions or otherwise describe what ``appropriate 
action'' may ensue if the Ombudsman determines that retaliation has 
occurred. In addition, one commenter suggested permitting the Ombudsman 
to exclude from the next examination any personnel involved in the 
appealed decision.
    The OCC strongly agrees that any form of examiner retaliation is 
unacceptable and unprofessional. The OCC also agrees that, in some 
cases, it may be appropriate to exclude from the next examination of 
the bank personnel involved in the appealed decision. Therefore, the 
final guidelines provide that the Ombudsmen may recommend to the 
Comptroller that the next examination of a national bank not include 
personnel involved in a decision appealed by that bank. The Comptroller 
will make the final decision on exclusion.
    The proposed guidelines required the Ombudsman, upon determining 
that retaliation has occurred, to forward the complaint to the District 
Administrator, Deputy Comptroller, or Inspector General for appropriate 
action. The final guidelines require the Ombudsman to forward these 
complaints to the Senior Deputy Comptroller for Bank Supervision 
Operations or the Inspector General. The OCC believes that retaliation 
complaints are better handled by senior staff in the Washington Office 
than in the District Office where the retaliation is alleged. 

[[Page 7043]]
In addition, the final guidelines more specifically refer to 
``disciplinary'' action consistent with OCC policies and procedures. 
The OCC believes, however, that further description of particular 
disciplinary actions is outside the scope of these guidelines.

2. Scope of Appeal

    Except as otherwise provided, the proposed guidelines permitted 
national banks to seek review of all agency decisions and actions, 
including material supervisory determinations. Section 309(f)(1) of the 
Act (12 U.S.C. 4806(f)(1)) defines ``material supervisory decisions'' 
as determinations relating to examination ratings, the adequacy of loan 
loss reserve provisions, and loan classifications on loans that are 
significant to an institution.
    The proposed guidelines did not allow a national bank to seek 
review of an agency decision or action involving the appointment of a 
receiver or conservator, or a decision that is enforcement-related, 
including a decision to take prompt corrective action pursuant to 
section 38 of the FDI Act (12 U.S.C. 1831o). The proposed guidelines 
also expressly excluded preliminary examination conclusions 
communicated to the national bank prior to the issuance of either a 
Final Report of Examination or other written communication from the 
OCC. The OCC believes that, until these preliminary conclusions become 
final, they are not ``material supervisory determinations'' for 
purposes of the appellate procedures.
    The commenters stated that, in general, the scope of appealable 
matters under the proposed guidelines is appropriate and reasonable. 
However, one commenter requested the OCC to clarify that national banks 
may appeal informal enforcement actions under the guidelines. The OCC 
believes, however, that distinguishing between formal and informal 
enforcement actions or decisions could be counterproductive, and could 
improperly influence what would otherwise be OCC supervisory judgements 
concerning the appropriate enforcement action in a particular case. 
Currently, the OCC excludes informal enforcement decisions and actions 
from appeals pursuant to Banking Circular 272. This exclusion has 
proved to be workable and the OCC believes that it is appropriate. 
Therefore, both formal and informal enforcement actions will continue 
to be excluded from the scope of appealable matters available under the 
final guidelines.
    Some commenters also requested that the OCC not tie the definition 
of significant loan classification to a set percentage of the portfolio 
classified. The commenters also opposed a definition that is more 
narrow or more restrictive than that used by any other agency in 
implementing their guidelines. These comments do not apply to the OCC's 
proposed guidelines, which permit appeals of all types of loan 
classifications. The OCC agrees that the definition should not be 
narrowed and therefore will continue to permit appeals of all types of 
loan classifications.

3. Timing of Appeal

    The proposed guidelines required the District Administrator, the 
Deputy Comptroller, and the Ombudsman, absent any extenuating 
circumstances, to issue a written response within 45 calendar days of 
the filing of an appeal. In addition, the Ombudsman must issue a 
written response to a second-tier appeal, an appeal by a national bank 
of an appeal decision made by a District Administrator or Deputy 
Comptroller, within 30 calendar days of the filing of that second-tier 
appeal. These time periods are longer that those specified in Banking 
Circular 272. Based on its current experience with the appeals process, 
the OCC found that some additional time is necessary to hear and decide 
appeals.
    Commenters, in general, agreed that the new time periods meet the 
Act's requirement that appeals be heard and decided expeditiously. 
However, two of the commenters suggested that the OCC increase the 
amount of time in which a national bank may file a second-tier appeal. 
The proposed guidelines required that a national bank file a second-
tier appeal within 15 calendar days of receiving a decision from the 
District Administrator or Deputy Comptroller. The commenters stated 
that, due to intervening business, vacations, or holidays, a national 
bank may not be able to determine whether to file a second appeal 
within this time period. The OCC agrees that providing additional time 
for filing second-tier appeals is reasonable. Therefore, the final 
guidelines provide that a national bank may file a second-tier appeal 
within 30 calendar days after receiving the decision from the District 
Administrator or Deputy Comptroller.

C. Other Modifications to Proposed Guidelines

    The OCC has made the following additional modifications to the 
proposed guidelines:

1. Liaison Activity

    To comply with section 309(d)(2) of the Act (12 U.S.C. 4806(d)(2)), 
the OCC has modified the proposed guidelines to specifically state 
that, in addition to hearing and deciding appeals, the Ombudsman is 
available to act as a liaison between the OCC and any affected person 
with respect to any problem that party may have in dealing with the OCC 
resulting from its regulatory activities. In so doing, the Ombudsman 
will ensure that safeguards exist to encourage persons to come forward 
and to preserve their confidentiality. In practice, the Ombudsman 
informally acts as a liaison. This modification to the final guidelines 
formalizes this activity and notifies other interested persons of the 
availability of the Ombudsman for that purpose.

2. Recommendations of Policy Changes

    The final guidelines state that the Ombudsman may report weaknesses 
in OCC policy to the Comptroller, and may make recommendations 
regarding changes in OCC policy.

3. Reference to Banking Bulletin OCC 96-18

    In order to clarify that other OCC appeals processes are available 
for national banks, the final guidelines include a statement advising 
national banks that they may obtain a separate OCC Bulletin, OCC 96-18, 
that consolidates all OCC appeals processes that national banks may 
follow to appeal agency decisions and actions. Specifically, this OCC 
Bulletin consolidates these final appeals guidelines, the Shared 
National Credit Appeals Process, and a new process for appealing fair 
lending-related decisions. The final guidelines specifically reference 
the availability of this separate fair lending appeals process.

4. Stay of Decisions and Actions Pending an Appeal

    The proposed guidelines provided that, as a general rule, the 
filing of an appeal serves to stay all agency decisions and actions 
until the appeal is resolved. The final guidelines specifically provide 
that this stay does not allow a corporate matter subject to an appeal 
to be approved simply by the passage of time. In addition, the final 
guidelines provide that an appropriate OCC official, in addition to the 
Ombudsman, may put the disputed agency decision into effect while the 
appeal is still pending.

5. Appeals on Behalf of Individuals

    To ensure that appealable OCC actions and decisions relating to an 
individual as opposed to a national bank are not excluded from the 
appeals 

[[Page 7044]]
process, the final guidelines specify that in the case of an appealable 
matter relating specifically to an individual, such as section 914 of 
FIRREA or Change in Bank Control Act notices, a national bank may file 
an appeal on behalf of that individual.

6. Scope of Appealable Matters

    To further define the scope of those OCC decisions that are subject 
to the appeals process, the final guidelines state that formal and 
informal rulemakings pursuant to the Administrative Procedure Act (5 
U.S.C. 500 et seq.) and requests for agency records or information 
under, and submissions of information to the OCC that are governed by, 
the Freedom of Information Act (5 U.S.C. 552 or 12 CFR Part 4) are not 
appealable matters. These matters are governed by separate statutory 
and regulatory procedural requirements and are not included in the 
scope of matters appealable to the Ombudsman.
    The final guidelines also emphasize that, although preliminary 
examination conclusions are not appealable, a national bank is 
encouraged to discuss any concerns or disagreements regarding these 
conclusions with its examiner-in-charge or its supervisory office.

7. Appeal of Decisions on Corporate Applications

    Because appeals of corporate decisions are now made though the 
National Bank Appeals Process, the final guidelines delete all 
references to the appeal of corporate decisions as a separate appeals 
process. In addition, the final guidelines provide that banks that 
choose not to file their appeal of corporate application decisions 
directly with the Ombudsman must file with the Deputy Comptroller for 
Bank Organization and Structure (BOS), rather than with the District 
Deputy Comptroller, District Administrator or Deputy Comptroller for 
Multinational Banking or Special Supervision, as in other cases.

8. Recusal of Ombudsman

    The proposed guidelines provided that in cases where the Ombudsman 
should be recused from reviewing the decision under appeal, the 
Ombudsman must transfer the appeal to the Senior Deputy Comptroller for 
Bank Supervision Policy. The final guidelines instead provide that, in 
such cases, the appeal must be transferred to a senior official 
designated by the Comptroller. The OCC has made this change to ensure 
that, in all cases, the appeal will be heard by a neutral reviewer.

D. Effect of Final Guidelines

    This notice supersedes the current OCC appeals policy as set forth 
in Banking Circular No. 272. These final guidelines, however, do not 
supersede any other existing appeals procedures available under current 
law. All of the OCC's currently available regulatory appeals processes 
for national banks, including these final guidelines, are consolidated 
in OCC Bulletin 96-18, available through the OCC's Communications 
Division, 250 E. Street, SW., Washington DC 20219-0001; phone--(202) 
874-4700, fax--(202) 874-5263.
    The following is the text of the OCC's Appeals Process for National 
Banks:

National Bank Appeals Process

I. Policy

    The OCC is responsible for fostering the safety and soundness of 
the national banking system, monitoring, and enforcing national banks' 
compliance with laws and regulations, and encouraging competitiveness, 
integrity, and stability of financial services provided by the national 
banking system. In fulfilling this mission, it is the OCC's policy to 
maintain open and ongoing communication with both the institutions it 
supervises and other affected persons, and to foster the fair and 
equitable administration of the supervisory process.
    If a disagreement arises during the supervisory process, the OCC 
will attempt to resolve the dispute fairly and expeditiously in an 
informal, amicable manner. If disagreements cannot be resolved through 
informal discussions, national banks and Federal branches and agencies 
of foreign banks (collectively referred to as ``national banks'' for 
purposes of these guidelines) are encouraged, and the examiner involved 
in the dispute should specifically encourage the national bank, to seek 
a further review of the OCC decisions or actions in dispute.
    These guidelines establish a process through which a national bank 
can seek such a review. A critical element in this appeals process is 
the OCC Ombudsman. The Ombudsman is outside the bank supervision area 
and reports directly to the Comptroller of the Currency. With the prior 
consent of the Comptroller, the Ombudsman may supersede any appealable 
agency decision or action during the resolution of an appealable 
matter. The Ombudsman also may report weaknesses in OCC policy to the 
Comptroller, and may make recommendations regarding changes in OCC 
policy.
    The procedures established in these guidelines provide national 
banks a fair and expeditious review of agency decisions and actions 
while ensuring that no one is disadvantaged by filing an appeal. If a 
national bank has a question as to whether it should make use of this 
appeal authority, it should contact the Ombudsman.
    In addition, the Ombudsman is available to act as a liaison between 
the OCC and any affected person with respect to any problem such person 
may have in dealing with the OCC resulting from its regulatory 
activities.
    Interested parties should direct all communications with the 
Ombudsman to the following address: Office of the Ombudsman, 1000 
Louisiana Street, Suite 950, Houston, Texas 77002-5008; phone--(713) 
650-0475, fax--(713) 650-6248.

II. Procedures

A. Filing An Appeal
    A national bank may seek review of appealable matters by filing an 
appeal with either its immediate supervisory office or with the OCC's 
Ombudsman.1 The choice of where to file is a matter within the 
sole discretion of the bank, except as indicated below. All appealable 
matters can be received in either location. However, in cases where the 
District Administrator or Deputy Comptroller directly or indirectly 
participated in making the decision under review or directly or 
indirectly reports to the agency official who made the decision under 
review, the District Administrator or Deputy Comptroller must transfer 
the appeal to the Ombudsman. In addition, in cases where the Ombudsman 
should be recused from reviewing the decision under appeal, the 
Ombudsman shall transfer the appeal to a senior official designated by 
the Comptroller. The procedures for filing an appeal under the two 
options are outlined below.2

     1 In the case of an appealable matter specifically relating to 
an individual as opposed to a national bank, such as section 914 of 
FIRREA or Change in Bank Control Act notices, a national bank may 
file an appeal on behalf of that individual.
     2 The process by which national banks may appeal OCC 
decisions to make a referral to the Department of Justice (DOJ) or a 
notification to the Department of Housing and Urban Development 
(HUD) regarding fair lending-related matters is described separately 
in OCC Bulletin 96-18. In general, national banks may file an appeal 
to the Ombudsman for reconsideration of a fair lending decision 
within 15 calendar days of the date of the written notification from 
the Senior Deputy Comptroller for Bank Supervision-Operations of the 
OCC's intention to make a referral to DOJ or a notification to HUD. 

[[Page 7045]]

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1. Supervisory Office Appeals
    If a disagreement concerning an OCC supervisory decision or action 
cannot be resolved informally, a national bank may file an appeal with 
its immediate supervisory office. Except as indicated below, a 
community bank or a regional bank seeking appeal under this option 
should file the appeal with the District Administrator or Deputy 
Comptroller of the OCC District in which the bank is headquartered. A 
bank in the Multinational Banking or Special Supervision programs using 
this option should file an appeal with the Deputy Comptroller for the 
program in the Washington Office. A national bank seeking appeal of a 
corporate application decision under this option shall file its appeal 
with the Deputy Comptroller for Bank Organization and Structure (BOS) 
in the Washington, DC office. In cases where the District Administrator 
or Deputy Comptroller directly or indirectly participated in making the 
decision under review or directly or indirectly reports to the agency 
official who made the decision under review, the District Administrator 
or Deputy Comptroller must transfer the appeal to the Ombudsman after 
advising the appellant.
    An appellant national bank must submit information in writing fully 
describing the matter in dispute and setting forth its basis for 
requesting an appeal. Upon receipt of an appeal, the appropriate 
District Administrator or Deputy Comptroller, or a designee who has not 
directly or indirectly participated in making the decision in dispute 
and is not directly or indirectly responsible to the agency official 
who made the decision under review, will contact the OCC employee(s) 
involved in the matter under appeal. The OCC employee(s) shall submit 
written or oral information concerning the basis of the appeal. If 
requested by a senior official of the national bank filing the appeal, 
the appropriate District Administrator or Deputy Comptroller shall 
arrange a meeting or a telephone call to more fully discuss the appeal 
and related issues.
    In the absence of any extenuating circumstances, the appropriate 
District Administrator or Deputy Comptroller shall issue a written 
response within 45 calendar days of the filing of the appeal. 
Immediately after the response is issued, the District Administrator or 
Deputy Comptroller shall forward to the Ombudsman a copy of all 
relevant material considered in the preparation of the response, 
including any written submission by the bank.
    If the national bank disagrees with the response from the District 
Administrator or Deputy Comptroller, a senior official of the bank may 
further appeal the matter to the Ombudsman. The bank shall file written 
notice of this second-tier appeal within 30 calendar days of receiving 
the response from the appropriate District Administrator or Deputy 
Comptroller.
    After receipt of a second-tier appeal, the Ombudsman shall review 
any material considered by the appropriate District Administrator or 
Deputy Comptroller in the preparation of the initial response. The 
Ombudsman shall contact the national bank to ensure that the OCC is in 
possession of all relevant material. If requested by either OCC 
management involved in the dispute or a senior official of the national 
bank filing the appeal, the Ombudsman shall arrange a meeting or a 
telephone call to more fully discuss the appeal and related issues. In 
the absence of any extenuating circumstances, the Ombudsman shall issue 
a written response to the second-tier appeal within 30 calendar days of 
the filing of that appeal.
2. Appeals to the Ombudsman
    When a disagreement concerning an OCC supervisory decision or 
action cannot be resolved informally and a national bank chooses not to 
file an appeal with its immediate supervisory office, the national bank 
may file an appeal directly with the Ombudsman. In a case where the 
Ombudsman should be recused from reviewing the decision under appeal, 
the Ombudsman shall transfer the appeal to a senior official designated 
by the Comptroller. In such a case, the procedures outlined below 
apply.
    A national bank filing an appeal with the Ombudsman must submit 
information in writing fully describing the matter in dispute. After 
receipt of an appeal, the Ombudsman shall contact the OCC management 
official involved in the dispute. That management official shall submit 
written material and relevant OCC documents pertaining to the basis of 
the appeal within 10 calendar days of the notice from the Ombudsman. 
The Ombudsman shall contact the national bank to ensure that the OCC is 
in possession of all relevant materials. If requested by either OCC 
management involved in the dispute or a senior official of the national 
bank filing the appeal, the Ombudsman shall arrange a meeting or a 
telephone call to more fully discuss the appeal and any related issues. 
In the absence of any extenuating circumstances, the Ombudsman shall 
issue a written response to the appeal within 45 calendar days of the 
filing of the appeal by the national bank.
B. Follow-Up by Ombudsman
    After the Ombudsman, Deputy Administrator, or Deputy Comptroller 
renders a decision on an appeal, the Ombudsman shall contact the 
appellant bank to inquire whether the bank believes OCC examiners have 
taken actions against the bank in retaliation for its appeal. The 
Ombudsman shall make these contacts (1) six months after the date the 
Ombudsman, Deputy Administrator or Deputy Comptroller issues a final 
written response to an appeal, and (2) six months after the date of 
completion of the first examination of the appellant bank following its 
appeal. Of course, a national bank may contact the Ombudsman at any 
time during or after the appeal if the bank reasonably believes that an 
OCC examiner is taking action against it in retaliation for its appeal.
    Upon identifying or learning of any possible retaliatory action, 
the Ombudsman shall investigate the complaint. In the absence of any 
extenuating circumstances, the Ombudsman must complete investigations 
within 30 days. If the Ombudsman determines that retaliation has 
occurred, the Ombudsman shall forward the complaint to the Senior 
Deputy Comptroller for Bank Supervision Operations or Inspector General 
for appropriate action, including disciplinary action consistent with 
OCC policies and procedures.
    In addition, the Ombudsman may recommend to the Comptroller that 
the next examination of a national bank exclude personnel involved in a 
decision appealed by that bank. The Comptroller shall make the final 
decision on any exclusion.
C. Appealable Matters
    Except as otherwise provided, a national bank may seek a review of 
any agency decision or action, including a material supervisory 
determination. Examples of material supervisory determinations include 
determinations relating to:
     Examination ratings;
     The adequacy of loan loss reserve provisions; and
     Loan classifications on loans that are significant to an 
institution.
    A national bank may not appeal to the Ombudsman or its immediate 
OCC supervisory office:
     Appointments of receivers and conservators;
     Preliminary examination conclusions communicated to the 
national bank prior to the issuance of 

[[Page 7046]]
either a final Report of Examination or other written communication 
from the OCC; 3

     3 A national bank is encouraged to discuss any concerns or 
disagreements regarding preliminary examination conclusions with its 
examiner-in-charge or its supervisory office.
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     Enforcement-related actions or decisions, including 
decisions to take prompt corrective action pursuant to section 38 of 
the Federal Deposit Insurance Act (12 U.S.C. 1831o);
     Formal and informal rulemakings pursuant to the 
Administrative Procedure Act, 5 U.S.C. 500 et seq.; and
     Requests for agency records or information under, and 
submissions of information to the OCC that are governed by, the Freedom 
of Information Act, 5 U.S.C. 552 or 12 CFR Part 4.
    An enforcement-related action or decision commences, and therefore 
becomes unappealable, when the national bank receives notice from the 
OCC indicating its intention to pursue available remedies under 
applicable statutes or published enforcement-related policies of the 
OCC. Such policies include OCC's Policy for Corrective Action (PPM 
5310-3)(REV), Civil Money Penalty Policy (PPM 5000-7)(REV), and 
Securities Enforcement Policy (PPM 5310-5). These policies are 
available on request from the OCC's Communications Division, 250 E. 
Street, SW., Washington DC 20219-0001; phone--(202) 874-4700, fax--
(202) 874-5263. For purposes of these guidelines only, remarks in a 
Report of Examination do not constitute notice of intent to pursue 
enforcement remedies.

III. Effect of Filing An Appeal

    As a general rule, the filing of an appeal concerning an appealable 
matter with either the national bank's immediate supervisory office or 
with the Ombudsman serves to stay all agency decisions and actions 
until the appeal is resolved. A stay does not allow a corporate matter 
subject to an appeal to be approved simply by the passage of time. In 
the appropriate circumstances, however, the Ombudsman or the 
appropriate OCC official may put the disputed agency decision or action 
into effect while the appeal is still pending.

IV. Other OCC Appeals Processes

    The appeals process established by these guidelines does not 
supersede any other existing appeals procedures available under current 
law. Matters that are subject to an OCC appeals process designed 
specifically for the issue in dispute, such as review of Shared 
National Credit findings and fair lending-related decisions, are 
appealable to the Ombudsman when the OCC decision is final under the 
specifically designed appeals procedures.
    These final appeals guidelines, the process to appeal Shared 
National Credit decisions, and the appeals process for fair lending-
related decisions are consolidated in OCC Bulletin 96-18, available 
through the OCC's Communications Division, 250 E. Street, SW., 
Washington DC 20219-0001; phone--(202) 874-4700, fax--(202) 874-5263.

V. Liaison Activity of Ombudsman

    In addition to hearing and deciding appeals brought by national 
banks, the Ombudsman is available to act as a liaison between the OCC 
and any affected person with respect to any problem or question the 
party may have in dealing with the OCC resulting from the OCC's 
regulatory activities.4 The Ombudsman will either provide the 
requested information or direct the person to the appropriate point of 
contact. In so doing, the Ombudsman will ensure that safeguards exist 
to encourage persons to come forward and to preserve the 
confidentiality of those seeking information or identifying a concern.

    \4\  Interested parties may also contact the OCC's Customer 
Assistance Unit, located in the OCC's Washington office, to report 
any problems or concerns they may have regarding national banks. The 
Unit's telephone number is 800-613-6743. In addition, interested 
persons may also comment on proposed OCC rulemakings published in 
the Federal Register for notice and comment by filing written 
comments with the OCC, as described in the rulemaking.
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    Dated: February 15, 1996.
Eugene A. Ludwig,
Comptroller of the Currency.
[FR Doc. 96-4023 Filed 2-22-96; 8:45 am]
BILLING CODE 4810-33-P