[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
