The NCUA’s policy is to maintain good communication with all credit unions it regulates. The NCUA staff and credit union management are encouraged to resolve supervisory disputes informally and expeditiously. The NCUA Board expects that most disputes will be handled in that manner. In instances were matters cannot be resolved informally, however, the NCUA has established an independent intra-agency appellate body to review material supervisory determinations. These determinations include most agency decisions that may significantly affect a credit union’s capital, earnings, operating flexibility, or that may otherwise affect the nature and level of its oversight. This includes, but is not limited to:
Composite examination ratings of 3, 4, or 5;
A determination relating to the adequacy of loan loss reserve provisions;
The classification of loans and other assets that are significant to the credit union;
A determination relating to compliance with federal consumer financial law; and
A determination relating to a waiver request or application for additional authority where independent appeals procedures have not been specified in other NCUA regulations.
Information on the appeals process, including background, scope, and specific procedures for filing an appeal, can be found in the NCUA Rules and Regulations, 12 CFR Part 746 Subpart A: https://www.ncua.gov/regulation-supervision/Documents/Regulations/final-rule-src-appeals-2017-oct.pdf (opens new window).
In short, a credit union that desires to appeal a material supervisory determination must first make a request for reconsideration from the NCUA program office that issued the determination. The credit union has 30 days from the date it received the determination to make such a request. After this initial review process, if the credit union receives an adverse decision from the program office, it may file an appeal either directly with the Supervisory Review Committee, or it may request an intermediary level of review by the Director of the NCUA’s Office of Examinations and Insurance. An appeal to either the Committee or to the Director of E&I must be made within 30 days of receiving a final decision on reconsideration from the program office.
If a credit union seeks the optional intermediary review from the Director of E&I, such review will be based entirely on written submissions provide by the credit union and the program office. The Director of E&I may request additional information from the parties, but there will be no opportunity for an oral hearing. A credit union that receives an adverse decision from the Director of E&I may appeal that decision to the Supervisory Review Committee. Review by the Committee will be based upon written submissions provided by the credit union and program office, the decision issued by the Director of E&I, additional information requested by the Committee, and information provided at oral hearing.
The Supervisory Review Committee consists of a pool of senior staff persons, appointed by the NCUA Chairman. The Committee members serve for a term of two years and may be reappointed for additional terms. The NCUA Board Secretary serves as the Committee’s permanent Chairman.
Upon receipt of an appeal, a panel of three Committee members will be appointed by the Committee Chairman to hear the matter. The Chairman will select panels to maximize expertise, and avoid any potential or actual conflicts of interest.
Committee appeals may be conducted in writing, or by an in-person hearing at the NCUA Central Office in Alexandria, Virginia. The Committee will issue its decision based upon a majority vote of the three-person appeal panel.
Initiating an Appeal
Appeals to the Director of E&I, or to the Supervisory Review Committee must be submitted in writing and mailed or delivered to: Gerard Poliquin, Supervisory Review Committee Chairman, NCUA, 1775 Duke Street, Alexandria, VA 22314-3428. You may also submit your appeal via email at SupvReview@NCUA.gov.