[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Notices]
[Pages 36960-36964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17878]
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DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
[96-65]
Review of OTS Decisions
AGENCY: Office of Thrift Supervision, Treasury.
ACTION: Final guidelines.
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SUMMARY: The Office of Thrift Supervision (OTS) is issuing guidelines
for the review, appeal and reconsideration of various agency findings
and decisions as Thrift Bulletin 68 (TB 68). The guidelines issued
today establish an independent appellate process available to review
supervisory decisions, examination findings and application decisions.
TB 68 also provides for an agency Ombudsman to act as a liaison between
the OTS and persons dealing with the OTS. The text of TB 68 appears as
Appendix A to this document.
Section 309(a) of the Community Development and Regulatory
Improvement Act of 1994 (CDRIA) requires the OTS and the other Federal
banking agencies to develop an intra-agency supervisory review process.
One purpose of TB 68 is to fulfill OTS's statutory mandate under
section 309 of the CDRIA. The guidelines that the OTS previously
followed for its supervisory review process were set forth in
Regulatory Bulletin 4a (RB 4a), dated September 20, 1993. TB 68
incorporates, with certain modifications, the guidelines provided for
in RB 4a and RB 4a is hereby rescinded.
Irrespective of the statutory mandate of Section 309(a) of the
CDRIA, but related to the appellate process, TB 68 also provides a
process for the reconsideration of decisions made with respect to
applications filed with the OTS. Previously, as part of a restructuring
of its applications regulations, in April 1992, the OTS deleted review
provisions in several individual application regulations with the
intent of developing uniform procedures that would cover all
applications filed with the OTS. The guidelines issued today in TB 68
set forth these procedures.
The CDRIA also requires that each Federal banking agency appoint an
Ombudsman to ``act as a liaison between the agency and any affected
person with respect to any problem such party may have in dealing with
the agency resulting from the regulatory activities of the agency; and
assure that safeguards exist to encourage complainants to come forward
and preserve confidentiality.'' The responsibilities of and procedures
to be used by the OTS Ombudsman are also set forth in TB 68.
DATES: The final guidelines are effective July 15, 1996.
FOR FURTHER INFORMATION CONTACT: The Office of Thrift Supervision, 1700
G Street, NW., Washington, DC 20552: Alvin W. Smuzynski, Director,
Regional Operations (202) 906-5669 or Valerie J. Lithotomos, Counsel
(Banking and Finance), Regulations and Legislation Division, Chief
Counsel's Office (202) 906-6439, regarding supervisory appeals; David
A. Sjogren, Program Manager, Applications, Corporate Activities
Division (202) 906-6739 or John P. Harootunian, Senior Counsel,
Business Transactions Division, Chief Counsel's Office (202) 906-6415,
regarding application reconsiderations; and Lee Lassiter (202) 906-
5685, regarding Ombudsman matters.
SUPPLEMENTARY INFORMATION:
I. Supervisory Review and Appeals
Section 309(a) of the CDRIA \1\ requires the OTS and the other
banking agencies to establish an ``independent intra-agency appellate
process'' for the review of ``material supervisory determinations'' (as
defined in Section 309(f)(1) of the CDRIA) made at insured depository
institutions. Prior to the statutory mandate of section 309 of the
CDRIA, the OTS provided a supervisory review process since 1992 that is
described in RB 4a. On December 29, 1994, the OTS published a notice of
proposed guidelines with a request for comments, describing a revised
supervisory review and appeals process.2 The public comment period
closed on February 27, 1995. No comments were received and so the
guidelines published today incorporate the supervisory review and
appeals process proposed in December 1994. To ensure that OTS decisions
and findings are fair, equitable and consistent, the guidelines in TB
68 being issued today go beyond the statutory mandate of section 309 by
providing an appellate
[[Page 36961]]
process for all supervisory decisions and examination findings which is
more expansive than the statutorily required ``material supervisory
determination.'' The discussion below sets forth OTS's compliance with
the statutory mandate of section 309 of the CDRIA.
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\1\ Pub. L. 103-325, 108 Stat. 2160, 2218-20 (September 23,
1994) (codified at 12 U.S.C. 4806).
2 59 FR 67383 (December 29, 1994).
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A. Independence
Section 309 of the CDRIA sets forth certain standards for the
agencies' supervisory appeals process. First, the process must be
``independent.'' The statute defines independence to mean that the
review provided must be conducted ``by an agency official who does not
directly or indirectly report to the agency official who made the
material supervisory determination under review.''
TB 68 specifies that the final decision maker for supervisory
appeals is the Executive Director, Supervision in Washington, D.C. who
reports directly to the Director of OTS. This reporting arrangement
satisfies the independence requirement of Section 309. Furthermore,
supervisory reviews will be conducted by an agency official who does
not directly report to the agency official who made the determination
under review.
Notwithstanding the supervisory appeals process at the Executive
Director's level, the OTS believes that open discussions between
examination and supervisory staff at the regional level is a productive
means to address a savings association's concerns. Accordingly, the OTS
continues to encourage savings associations to attempt to resolve
issues directly with regional examination or supervisory staff before
filing an appeal with the Executive Director, Supervision in
Washington, D.C.
B. Prompt Disposition of Appeal
The statute also requires that the supervisory appeals process be
structured so that appeals are ``heard and decided expeditiously.'' TB
68 sets a deadline of sixty calendar days for review by the Executive
Director, Supervision. Before filing an appeal with the Executive
Director, however, savings associations are encouraged to utilize an
optional regional review procedure. The deadline for action on a
regional review is thirty calendar days. These deadlines may be
extended in writing by the OTS stating the reason for the extension and
the expected date of decision.
C. Material Supervisory Determinations
Section 309 of the CDRIA requires that the appeals process be
available for the review of ``material supervisory determinations'' (as
defined in section 309(f)(1) of the CDRIA). The guidelines in TB 68
specifically include ``material supervisory determinations'' within the
scope of the appeals process in conformance with section 309 of the
CDRIA. In addition, under the guidelines contained in TB 68, savings
associations may also appeal all supervisory decisions and examination
findings. TB 68 may also be used to appeal supervisory actions
affecting individuals or affiliates of savings associations. Such
appeals may be filed by the individual or affiliate and do not require
the concurrence of the savings association's board of directors.
The guidelines in TB 68 recite the statutory definition of
``material supervisory determinations'' and clarify that the reference
to ``examination ratings'' in such definition includes ratings for any
type of examination that the OTS conducts, including safety and
soundness, trust, information systems, compliance and savings and loan
holding company examinations and CRA evaluations of savings
associations.
The OTS will initially exclude from the section 309 appeals
process, matters for which some other special review process is
available. However, a savings association may appeal a supervisory
action resulting from a special review process using the supervisory
appeals process described in TB 68 if the specialized review process
results in a decision adverse to the savings association and an
additional appeal would further the OTS's mandate under section 309 of
the CDRIA.
The statute specifically exempts from the supervisory appeals
process decisions to appoint a conservator or receiver and decisions to
take action pursuant to the prompt corrective action provisions of
section 38 of the Federal Deposit Insurance Act.3 The revised
guidelines also retain the exclusions for preliminary examination
results and formal enforcement-related actions.
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3 12 U.S.C. 1831o.
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D. Safeguards Against Retaliation
Section 309 requires that the appeals process contain ``appropriate
safeguards'' to protect savings associations from retaliation by agency
examiners. TB 68 makes explicit the OTS's policy of prohibiting any
employee, including examiners and supervisory staff, from taking
retaliatory action against a savings association or other parties that
pursue a review or an appeal.
In addition, section 309 of the CDRIA requires that the OTS appoint
an Ombudsman whose duties include assuring ``that safeguards exist to
encourage complainants to come forward and preserve confidentiality.''
The OTS does not contemplate that its Ombudsman will be involved in the
review of the merits of supervisory decisions in dispute. However, the
Ombudsman will be the appropriate recipient for any complaints of
retaliation and will investigate and resolve such complaints. The OTS
will take appropriate action to remedy any occurrence of employee
retaliation against a savings association or other party that seeks a
review of a supervisory determination.
II. Application Reconsiderations
The 1992 Applications Restructuring Regulation 4 deleted
various procedures from individual application regulations for the
reconsideration of applications that had been denied by the OTS. The
intent was to develop a single uniform procedure that would cover all
applications filed with the agency. In order to consolidate the OTS's
appellate process for all decisions and findings, the OTS has described
the procedures for reconsideration of an application in TB 68.
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4 57 FR 14329 (April 20, 1992).
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The application reconsideration process provides for prompt review
and decision by an independent decision maker. An applicant that
believes that the OTS's decision on an application is inconsistent with
existing regulations, policies, procedures or facts presented in the
application may request the OTS's reconsideration of that decision. The
right to request reconsideration extends to decisions to deny
applications and decisions to impose non-standard conditions of
approval. Applicants are encouraged to discuss any concerns they have
about an OTS decision on an application with the office that made the
initial decision (e.g., the OTS Regional Office or the Washington, D.C.
office) before requesting reconsideration. Reconsideration decisions
will be made in Washington, D.C. by either the Director or the
Director's designee.
The application reconsideration process described in TB 68 does not
supersede any statutory provisions for judicial or administrative
review of OTS decisions concerning applications.
III. Ombudsman
Section 309 of the Act provides that the Ombudsman is to:
(1) Act as a liaison between the agency and any affected person
with respect to any problem such party may have in dealing with the
agency
[[Page 36962]]
resulting from the regulatory activities of the agency; and
(2) assure that safeguards exist to encourage complainants to come
forward and preserve confidentiality.
TB 68 describes the responsibilities of and procedures to be used
by the Ombudsman. TB 68 also provides guidance regarding the
relationship between the Ombudsman and the agency's other appeals
processes.
Dated: July 9, 1996.
By the Office of Thrift Supervision.
John F. Downey,
Executive Director, Supervision.
Appendix A to Final Guidelines Regarding Review of OTS Decisions
Office of Thrift Supervision
Thrift Bulletin
Handbook: Thrift Activities Section: 060, 310.
Subject: Examination TB 68.
Strategy, July 15, 1996.
Management and
Scoping Oversight
by Board of
Directors
Supervisory Review, Appeal and Reconsideration Process and Ombudsman
Matters
Summary: This bulletin provides a process for the review and
appeal of OTS supervisory decisions and examination findings;
reconsideration of OTS application decisions; and utilization of the
OTS Ombudsman. Regulatory Bulletin 4a, dated September 20, 1993, is
rescinded.
For Further Information Contact: Director, Regional Operations
(202) 906-5669 regarding the OTS supervisory review and appeals
process; Program Manager, Corporate Activities (202) 906-6739
regarding application reconsiderations; and Ombudsman (202) 906-5685
regarding complaints, concerns or problems in dealing with the OTS.
The OTS recognizes that its decisions have a significant effect
on OTS regulated savings associations and that certain OTS
supervisory decisions and examination findings may be challenged.
Because it is the OTS's objective to ensure OTS decisions and
findings are fair, equitable and consistent, the OTS has developed a
process for the review, appeal and reconsideration of disputed OTS
decisions and findings. Filings and submissions made pursuant to
this Bulletin are not subject to 12 CFR Part 516.
The OTS supervisory review and appeals process is provided in
Section I of this Bulletin. The reconsideration of application
decisions process is provided in Section II of this Bulletin.
Section III provides for the utilization of the OTS Ombudsman in
dealing with the OTS in any matter, regardless of whether the matter
relates to the OTS supervisory review and appeals process or the
application reconsideration process.
I. Appeal of OTS Supervisory Decisions and Examination Findings,
Including ``Material Supervisory Determinations''
Background
Section 309(b) of the Community Development and Regulatory
Improvement Act of 1994 (CDRIA) requires that the OTS (and the other
Federal banking agencies) establish an intra-agency appellate
process for the review of ``material supervisory determinations''
made by agency officials. Decisions and findings made during the
examination process by the OTS staff may affect savings associations
directly and immediately. From time to time, savings associations
may disagree with supervisory decisions or with examination findings
upon which those decisions are based. The OTS previously followed
guidelines set forth in Regulatory Bulletin 4a (RB 4a), dated
September 20, 1993, for its supervisory review process which was
applicable to all supervisory decisions and examination findings.
This section of this Bulletin incorporates, with certain
modification, the guidelines set forth in RB 4a and establishes the
guidelines that govern the OTS supervisory review and appeals
process for all OTS supervisory decisions and examination findings,
including all ``material supervisory determinations'' as defined in
Section 309 of the CDRIA (these terms shall be collectively referred
to as ``supervisory determinations''). RB 4a is hereby rescinded and
replaced by this Thrift Bulletin 68 (TB 68).
The OTS encourages the resolution of supervisory disputes
through informal communications between savings associations and the
OTS regional supervisory and examination staff. If disputes cannot
be resolved successfully at the regional level, however, savings
associations may appeal and seek independent review by the Executive
Director, Supervision in Washington, D.C. pursuant to the procedures
specified below. Other parties affected by an OTS supervisory
determination may also seek review under these guidelines.
Scope of the OTS Supervisory Review and Appeals Process
Matters that may be reviewed or appealed are all OTS supervisory
decisions and examination findings, including ``material supervisory
determinations'' such as:
examination ratings;
the adequacy of loan loss reserve provisions; and
classifications of loans that are significant to the
savings association.
Matters that may not be reviewed or appealed include:
decision to appoint a conservator or receiver;
preliminary examination findings and conclusions prior to
issuance of a final report of examination;
any decision relating to formal enforcement-related action,
such as a decision to initiate a formal investigation, to file a
notice of charges, or to assess civil money penalties; or
any decision to take action pursuant to the Prompt
Corrective Action provisions that appear at Section 38 of the
Federal Deposit Insurance Act, 12 U.S.C. Section 1831o.
Matters that are subject to a special review or appeals process,
such as modification of the interest rate risk component discussed
in Thrift Bulletin 67, dated August 21, 1995, are not immediately
appealable through the OTS supervisory review and appeals process.
However, if the special review or appeals process results in a
supervisory determination that is adverse to the savings association
and an additional appeal would further OTS's mandate under Section
309 of the CDRIA, the savings association may seek OTS supervisory
review and appeal of the determination under these guidelines.
Supervisory Review at the Regional Level
A. During the On-Site Examination. If a disagreement arises
during an on-site examination, the matter should be raised directly
with the examiner-in-charge (EIC) while the EIC is at the savings
association. If issues remain unresolved, the savings association
should request that the EIC's supervisor (e.g., Field Manager or
Assistant Regional Director) be included in the discussions.
Disagreements will be briefly noted in the final report of
examination.
B. With the Regional Office. Savings associations are encouraged
to raise with the appropriate OTS Regional Office disagreements with
examination findings during the examination or disagreements with
supervisory decisions at any time. A final supervisory determination
in dispute may be raised either orally or in writing to the
Assistant Regional Director, Deputy Regional Director, or Regional
Director or his designee, who was not directly involved in the
determination being reviewed. If the savings association elects to
state the issue or problem in writing, the written request for
review should describe the issue or problem, specify the related
facts, and be signed by the Chief Executive Officer. The Regional
Office will act within 30 calendar days of receipt of the request
for a supervisory review, unless the Regional Director responds to
the savings association, in writing, stating the reason why a
decision will take longer than 30 calendar days and specifing the
expected date for a decision.
Supervisory Appeal to the Executive Director, Supervision
A. The Savings Association's Appeal Submission. If the above-
described discussions or supervisory review do not result in
satisfactory resolution of the disagreement or if the savings
association elects to use the supervisory appeals process without
first obtaining regional supervisory review, an appeal may be filed
with the Executive Director, Supervision. The following procedures
apply to supervisory appeals:
The board of directors of the savings association must
authorize the supervisory appeal by resolution and forward one copy
of such resolution to the Executive Director, Supervision with the
appeal. A supervisory appeal by an individual or affiliate does not
require an authorization from the savings association's board of
directors.
The savings association will have 60 calendar days from
notification of a
[[Page 36963]]
supervisory determination (or, in the event a request for regional
supervisory review has been made, from the date of the Regional
Office's decision) to file a supervisory appeal with the Executive
Director, Supervision.1 Requests for a supervisory appeal
should be directed to: Executive Director, Supervision, Office of
Thrift Supervision, 1700 G Street, N.W., Washington, D.C. 20552.
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\1\ The OTS will grant to a savings association a suspension
from the requirement to publicly disclose the savings associations's
Community Reinvestment Act (CRA) Performance Evaluation in its
public file within 30 calendar days after its receipt from the OTS;
provided, however, that the savings association submits a
supervisory appeal pertaining to its CRA rating within the 30
calendar day period.
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The supervisory appeal should contain:
--A concise statement, no longer than five pages, of the dispute and
why it is material. For example, identify the precise loans(s),
property, appraisal, etc.
--The remedy being sought and its financial effect.
--A statement of whether the savings association has attempted to
resolve the dispute at the regional level.
--A description of any applicable statutes, regulations, policies,
or procedures on which the savings association relies.
--Confirmation as to whether the savings association has, in the
interim, complied with the supervisory determination being appealed.
If the savings association has not complied with the supervisory
determination, the supervisory appeal must include a request for a
suspension of the supervisory determination.
--Copies of any relevant excerpts from supervisory documents,
reports and correspondence with the region about the supervisory
determination. (These copies do not count toward the five page
limit.)
--The name, address and telephone number of an individual at the
savings association designated to provide additional information.
No fee is required for submission of the supervisory
appeal. Savings associations are encouraged to minimize costs by
internally preparing the supervisory appeal rather than using
outside attorneys, accountants or consultants. If warranted by the
circumstances and agreed to by the savings association, the OTS may
use outside experts to evaluate issues. In such circumstances, the
savings association shall pay the costs of such experts.
B. Review by the Executive Director, Supervision
The OTS will acknowledge receipt of a supervisory
appeal within five calendar days of receipt.
Within 15 calendar days of receipt, the OTS will make a
request for any additional information necessary to complete the
decision on the supervisory appeal.
The savings association shall furnish additional
information within 15 calendar days of receipt of the OTS's request,
unless the time is extended by the Executive Director, Supervision
or his designee.
Absent unusual circumstances, the OTS will provide its
decision on the supervisory appeal within 60 calendar days of
receipt of the filing of the supervisory appeal or, if additional
information is requested, within 60 calendar days of receipt of any
additional information.
Any of the above timeframes may be extended by the
Executive Director, Supervision or his designee. Any extensions
granted will be in writing, and will include the reason for the
extension, and the expected date that a decision will be made.
Effect of Initiating a Supervisory Review or Appeal
An OTS supervisory review or appeal will not suspend or delay
the pursuit of any enforcement action or formal investigation. An
OTS supervisory review or appeal will not stay the obligation of a
savings association or an institution-affiliated party to comply
with any order or other determination resulting from an enforcement
action. An OTS supervisory review or appeal will not operate
automatically to relieve a savings association or other party of the
obligation to comply with the supervisory determination under
review. Upon the request of the savings association or other party
filed simultaneously with its supervisory appeal, the Executive
Director, Supervision may relieve the savings association or other
party of the obligation to comply while the supervisory appeal is
pending in Washington, D.C. The appropriate regional official may
grant similar relief while a supervisory review is pending at the
regional level. The OTS retains the right to take any action and to
apply any standards deemed appropriate to ensure the safety and
soundness of a savings association.
Prohibition on Retaliation
The OTS prohibits any employee, including members of its
examination and supervision staff, from acts of retaliation against
a savings association or other party that seeks review or appeal of
a supervisory determination. See Section III of this Bulletin.
II. Reconsideration of Application Decisions
A request to reconsider a decision made on an application or
notice (collectively referred to as an ``application'') may be made
when, in the applicant's judgment, the OTS's decision on an
application or its decision to impose non-standard conditions of
approval is inconsistent with existing OTS regulations, policies,
procedures or the facts presented in the application. In all cases,
before filing a request to reconsider a decision made on an
application, applicants are encouraged to discuss with the decision-
making office (e.g., Regional or Washington, D.C.) any concerns
regarding the OTS decision on the application.
Requests for reconsideration of application decisions or non-
standard conditions of approval should be filed in the following
manner:
Applicants requesting a reconsideration of an
application should file an original request with the OTS
Applications Filing Room, and conformed copies with the Corporate
Activities Division and Business Transactions Division, 1700 G
Street, N.W., Washington, D.C. 20552 within 30 calendar days of the
OTS action on the application.
The request should contain:
--The type of application on which review is sought.
--A statement of whether the applicant is submitting a request for
reconsideration of an OTS application decision or the imposition of
non-standard conditions of approval.
--A concise statement of the reasons why the applicant disagrees
with the OTS application decision or non-standard conditions of
approval.
--A description of any applicable statutes, regulations, policies or
procedures on which the applicant relies.
--Confirmation as to whether the applicant has, in the interim,
complied with the terms of the application decision or non-standard
conditions of approval.
--Copies of any supporting documents.
--The name, address and telephone number of an individual designated
to provide additional information.
No fees will be charged for a request for
reconsideration.
The Director, or his designee(s) will make every effort
to take action upon a request for reconsideration within 60 calendar
days of the receipt of a request, or if additional information is
requested, within 60 calendar days of receipt of any additional
information.
Effects of Filing a Request for Reconsideration
The procedures described in this section of the Bulletin
regarding the reconsideration of application decisions do not
supersede any statutory provisions for judicial or administrative
review of agency decisions concerning applications. An applicant's
election to use the procedures in this section of this Bulletin will
not toll or suspend the running of any statutorily-prescribed period
for seeking judicial review. In addition, when a statute requires
the OTS to make a decision on an application within a specific
period of time, the OTS will deem the original decision, and not the
decision rendered in response to a request for reconsideration, to
determine compliance with such a requirement.
Prohibition on Retaliation
The OTS prohibits any employee, including members of its
examination and supervisory staff, from acts of retaliation against
an applicant that files for the reconsideration of an application.
See Section III of this Bulletin.
III. Ombudsman Matters
Section 309(d) of the CDRIA requires that each Federal banking
agency appoint an Ombudsman. Section 309 provides that the Ombudsman
is to:
(1) Act as a liaison between the agency and any affected person
with respect to any problem such party may have in dealing with the
agency resulting from the regulatory activities of the agency; and
(2) Assure that safeguards exist to encourage complainants to
come forward and preserve confidentiality.
Section 309(b)(2) of the CDRIA provides that each Federal
banking agency shall
[[Page 36964]]
ensure that appropriate safeguards exist for protecting any party
who appeals a ``material supervisory determination'' from
retaliation by agency examiners.
Responsibilities of the Ombudsman. The OTS believes that the
proper role of the Ombudsman under Section 309 is to act as a
facilitator and mediator for the resolution of complaints. The
Ombudsman will ensure that complaints about OTS regulatory actions
are addressed in a fair and timely manner. The Ombudsman's major
function is to provide assistance as a liaison with the thrift
industry and the public on issues, concerns or problems that they
may have in dealing with the OTS. The OTS Ombudsman reports directly
to the Director.
Handling of Complaints. When a problem is brought to the
attention of the Ombudsman for which there is an existing avenue of
appeal on the merits or another appropriate forum for resolution,
the Ombudsman will explain the process or forum for resolution, and
direct the party to the appropriate appeals process or forum for the
dispute. The OTS's regulations provide existing mechanisms for
resolutions of disputes in many instances, such as: prompt
corrective action directives under Section 38 of the Federal Deposit
Insurance Act; denials or partial denials of Freedom of Information
or Privacy Act requests; issuance of capital directives; and
supervisory decisions and examination findings; application
decisions; and matters within the jurisdiction of the Department of
the Treasury's Inspector General or Federal or State investigatory
or prosecutorial authorities.
Where an established appeals process or forum may not be
available to resolve a dispute or if a party has a complaint with
regard to the process, the Ombudsman will meet with the appropriate
OTS official, or arrange a meeting between the complainant and the
appropriate OTS official and attempt to resolve the problem. If the
Ombudsman believes a problem or complaint has not been
satisfactorily addressed, the Ombudsman may raise the matter with a
higher level official and/or the Director for resolution.
Safeguards. Section 309(d)(2)(B) of the CDRIA requires that the
Ombudsman ensure that safeguards exist to encourage complainants to
come forward and preserve confidentiality. In the OTS's view, the
OTS's existing avenues for appeal or complaints, the Ombudsman's
authority to compel meetings with appropriate OTS officials at all
levels in Washington, D.C. and the regions, as well as the authority
of the Ombudsman to review complaints of retaliation, should
encourage complainants to come forward.
All information and materials utilized in the Ombudsman's review
of a complaint shall be used only for purposes of the review and not
disclosed outside of the Ombudsman's office, except to appropriate
reviewing officials or with appropriate authorization. The Ombudsman
will honor requests to keep confidential the identity of a
complaining party. It must be recognized, however, that the
resolution of certain complaints (such as complaints of retaliation
against an individual institution) may not be possible should the
identity of the complainant remain confidential. In such cases, the
Ombudsman will discuss the circumstances limiting confidentiality
with the complaining party involved. The OTS believes these
provisions should assist in preserving the confidentiality of
complainants and the Ombudsman function.
Retaliation. The Ombudsman is authorized to receive complaints
of retaliation against a party as a result of utilizing the
Ombudsman or any existing avenue of appeal or complaint forum. Upon
receiving a complaint of retaliation, the Ombudsman will investigate
the supervisory basis for the alleged retaliatory conduct. Upon
completion of the review, the Ombudsman will report any findings of
retaliation to the Director of OTS with a recommendation for
remedial action to protect the complainant. A finding of retaliation
will be referred to the Chief Counsel, for possible disciplinary
action against the OTS employee who retaliated.
Procedures. A party may contact the Ombudsman at any time
regarding a problem resulting from the regulatory activities of the
OTS by calling (202) 906-5685 or writing to: Ombudsman, Office of
Thrift Supervision, 1700 G Street, N.W., Washington, D.C. 20552.
John F. Downey,
Executive Director, Supervision.
[FR Doc. 96-17878 Filed 7-12-96; 8:45 am]
BILLING CODE 6720-01-P