NYLIB Comments on Proposed Changes to FDIC Appeals Process

NYLIB submitted a comment letter to the FDIC on October 20, 2020, regarding proposed changes to the FDIC’s appeals process. The appeals process allows financial institutions to appeal material supervisory determinations such as examination ratings and MRAs. Our letter advocates for bank-friendly changes to the appeals process, such as including bankers and outside counsel to banks on appeals panels and allowing banks to request deadline extensions. The letter also recommends the FDIC provide banks with draft reports of examination prior to finalization to facilitate the correction of factual inaccuracies in final reports and thereby reduce the need for appeals.