Appeals Process

The Board approved a Proposed Rule to adopt procedures that govern appeals to the Board that would apply to agency regulations that currently have their own embedded appeals provisions.  The procedures apply in cases in which a decision rendered by a regional director or other program office director is subject to appeal to the Board.  Not included in the proposals are the following areas (most of which have their own appeals process already): 

  1. Formal enforcement actions; 
  2. Creditor claims in liquidation;
  3. Material supervisory determination within the jurisdiction of the Supervisory Review Committee (note:  changes are addressed in the companion rule adopted at this board meeting); 
  4. Challenges to actions imposed under the prompt corrective action regime; and 
  5. Appeals of matters that are delegated by rule to an officer or position below the Board for final binding agency action. 

Various regulations that have appeals procedures that are replaced by the proposed rule include the following areas: 

  1. Claims of a Creditor of an Insolvent FICU under an NCUA Alternative Resolution Dispute Process; 
  2. Payment of Claims regarding Federally Insured Shares or Deposits; Chartering and Filed of Membership determinations; 
  3. Community Development Loans; 
  4. Golden Parachutes; 
  5. Investment Authority - (appeals of denials of authority to engage in derivatives investment activity);
  6. Change of Officials for Troubled or Newly Chartered Credit Unions; 
  7. Conversions and Mergers; and 
  8. Other Miscellaneous Regulations: 
    • NCUA's general lending rule; 
    • NCUA's eligible obligations rule; 
    • NCUA's loan participations rule; 
    • Section 701.32 regarding public unit and nonmember shares; 
    • Section 701.34 regarding the low income designation; and 
    • Section 741.11 regarding branch offices outside the United States. 

 The rule provides for an Informal Appeals Procedure which can be utilized at the option of a credit union to go to a particular Program Office with the option for reconsideration by the Board, or a credit union can go right to the Board. 

Comment to CUNA Staff Provide feedback here
CUNA Comment Letter 08/07/2017
Agency/Entity National Credit Union Administration
Agency Comment Deadline 08/07/2017
Important Date(s)

Comments are due to the NCUA by August 7, 2017.

CUNA Contact

Andy Price