Appeals of Material Supervisory Determinations: Guidelines
(November 4, 2003)
[Bank ] (“Bank”) filed an appeal with the FDIC’s Division
of Supervision and Consumer Protection (“DSC”), challenging certain material
supervisory findings contained in the FDIC’s January 28, 2002 Report of
Examination. Michael J. Zamorski, Director, DSC, referred the appeal to the
Supervision Appeals Review Committee (“Committee”) pursuant to the FDIC’s
Guidelines for Appeals of Material Supervisory Determinations, 60 Fed. Reg.
15923 (March 28, 1995).
After considering the matter at length, the Committee has
concluded that the Bank’s appeal should be granted. The Committee believes
that, on balance, DSC presented insufficient evidence to support its
position that the Bank, through its subsidiary, … Inc., engaged in a pattern
of practice or “overt discrimination.” The Committee has asked Regional
Director Christopher Spoth to oversee any necessary modifications to FDIC
documents impacted by the Committee’s decision. Director Spoth will be
contacting the Bank within the next few days to explain these modifications.