12 CFR 4.15 - How to request records.

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§ 4.15 How to request records.
(a) Available information. Subject to the exemptions described in § 4.12(b), any OCC record is available to any person upon specific request in accordance with this section.
(b) Where to submit request or appeal—
(1) General. Except as provided in paragraph (b)(2) of this section, a person requesting a record or filing an administrative appeal must submit the request or appeal through the OCC's FOIA Web portal at https://appsec.occ.gov/publicaccesslink/palMain.aspx or under this section to the Disclosure Officer, Communications Division, Office of the Comptroller of the Currency, 250 E Street, SW, Washington, DC 20219.
(2) Exceptions—
(i) Records at the Federal Deposit Insurance Corporation. A person requesting any of the following records, other than blank forms (see § 4.14(a)(7)), must submit the request to the Disclosure Group, Federal Deposit Insurance Corporation, 550-17th Street, NW, Washington, DC 20429, (800) 945-2186:
(A) Consolidated Report of Condition and Income (FFIEC 031, 032, 033, 034);
(B) Annual Report of Trust Assets (FFIEC 001);
(C) Uniform Bank Performance Report; and
(D) Special Report.
(ii) Records of another agency. When the OCC receives a request for records in its possession that another Federal agency either generated or provided to the OCC, the OCC promptly informs the requester and immediately forwards the request to that agency for processing in accordance with that agency's regulations.
(c) Request for records—
(1) Contact information and what the request for records must include. A person requesting records under this section must state, in writing:
(i) The requester's full name, address, telephone number and, at the requester's option, electronic mail address.
(ii) A reasonable description of the records sought (including sufficient detail to enable OCC employees who are familiar with the subject matter of the request to locate the records with a reasonable amount of effort);
(iii) A statement agreeing to pay all fees that the OCC assesses under § 4.17;
(iv) A description of how the requester intends to use the records, if a requester seeks placement in a lower fee category (i.e., a fee category other than “commercial use requester”) under § 4.17; and
(v) Whether the requester prefers the OCC to deliver a copy of the records or to allow the requester to inspect the records at the appropriate OCC office.
(2) Initial determination. The Comptroller or the Comptroller's delegate initially determines whether to grant a request for OCC records.
(3) If request is granted. If the OCC grants a request for records, in whole or in part, the OCC promptly discloses the records in one of two ways, depending on the requester's stated preference:
(i) The OCC may deliver a copy of the records to the requester. If the OCC delivers a copy of the records to the requester, the OCC duplicates the records at reasonable and proper times that do not interfere with their use by the OCC or preclude other persons from making inspections; or
(ii) The OCC may allow the requester to inspect the records at reasonable and proper times that do not interfere with their use by the OCC or preclude other persons from making inspections. If the OCC allows the requester to inspect the records, the OCC may place a reasonable limit on the number of records that a person may inspect during a day.
(4) If request is denied. If the OCC denies a request for records, in whole or in part, the OCC notifies the requester by mail. The notification is dated and contains a brief statement of the reasons for the denial, sets forth the name and title or position of the official making the decision, and advises the requester of the right to an administrative appeal in accordance with paragraph (d) of this section.
(d) Administrative appeal of a denial—
(1) Procedure. A requester must submit an administrative appeal of denial of a request for records in writing within 35 days of the date of the initial determination. The appeal must include the circumstances and arguments supporting disclosure of the requested records.
(2) Appellate determination. The Comptroller or the Comptroller's delegate determines whether to grant an appeal of a denial of a request for OCC records.
(3) If appeal is granted. If the OCC grants an appeal, in whole or in part, the OCC treats the request as if it were originally granted, in whole or in part, by the OCC in accordance with paragraph (c)(3) of this section.
(4) If appeal is denied. If the OCC denies an appeal, in whole or in part, the OCC notifies the requester by mail. The notification contains a brief statement of the reasons for the denial, sets forth the name and title or position of the official making the decision, and advises the requester of the right to judicial review of the denial under 5 U.S.C. 552(a)(4)(B).
(e) Judicial review—
(1) General. If the OCC denies an appeal pursuant to paragraph (d) of this section, or if the OCC fails to make a determination within the time limits specified in paragraph (f) of this section, the requester may commence an action to compel disclosure of records, pursuant to 5 U.S.C. 552(a)(4)(B), in the United States district court in:
(i) The district where the requester resides;
(ii) The district where the requester's principal place of business is located;
(iii) The district where the records are located; or
(iv) The District of Columbia.
(2) Service of process. In commencing an action described in paragraph (e)(1) of this section, the requester, in addition to complying with the Federal Rules of Civil Procedure (28 U.S.C. appendix) for service upon the United States or agencies thereof, must serve process on the Chief Counsel or the Chief Counsel's delegate at the following location: Office of the Comptroller of the Currency, 250 E Street, SW, Washington, DC 20219.
(f) Time limits for responding to FOIA requests.
(1) The OCC makes an initial determination to grant or deny a request for records within 20 days (excluding Saturday, Sundays, and holidays) after the date of receipt of the request, as described in paragraph (g) of this section, except as stated in paragraph (f)(3) of this section.
(2) Appeal. The OCC makes a determination to grant or deny an administrative appeal within 20 business days after the date of receipt of the appeal, as described in paragraph (g) of this section, except as stated in paragraph (f)(3) of this section.
(3) Extension of time. The time limits set forth in paragraphs (f)(1) and (2) of this section may be extended as follows:
(i) In unusual circumstances. The OCC may extend the time limits in unusual circumstances for a maximum of 10 business days. If the OCC extends the time limits, the OCC provides written notice to the person making the request or appeal, containing the reason for the extension and the date on which the OCC expects to make a determination. Unusual circumstances exist when the OCC requires additional time to:
(A) Search for and collect the requested records from field facilities or other buildings that are separate from the office processing the request or appeal;
(B) Search for, collect, and appropriately examine a voluminous amount of requested records;
(C) Consult with another agency that has a substantial interest in the determination of the request; or
(D) Allow two or more components of the OCC that have substantial interest in the determination of the request to consult with each other;
(ii) By agreement. A requester may agree to extend the time limits for any amount of time;
(iii) By judicial action. If a requester commences an action pursuant to paragraph (e) of this section for failure to comply with the time limits set forth in this paragraph (f), a court with jurisdiction may, pursuant to 5 U.S.C. 552(a)(6)(C), allow the OCC additional time to complete the review of the records requested, or
(iv) Tolling of time limits.
(A) The OCC may toll the 20-day time period to:
(1) Make one request for additional information from the requester; or
(2) Clarify the applicability or amount of any fees, if necessary, with the requester.
(B) The tolling period ends upon the OCC's receipt of requested information from the requester or resolution of the fee issue.
(g) Date of receipt of request or appeal. The date of receipt of a request for records or an appeal is the date that OCC Communications Division receives a request that satisfies the requirements of paragraph (c)(1) or (d)(1) of this section, except as provided in § 4.17(d).
[60 FR 57322, Nov. 15, 1995, as amended at 75 FR 17850, Apr. 8, 2010; 76 FR 43562, July 21, 2011]

Title 12 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 12.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-21; vol. 79 # 55 - Friday, March 21, 2014
    1. 79 FR 15639 - Technical Amendments: Removal of Rules Transferred to the Consumer Financial Protection Bureau; OCC Address Change
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Office of the Comptroller of the Currency
      Final rule.
      Effective March 21, 2014.
      12 CFR Parts 4, 5, 7, 10, 11, 16, 19, 24, 34, and 40

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 12 - BANKS AND BANKING

§ 1 - Office of the Comptroller of the Currency

§ 2 - Comptroller of the Currency; appointment; term

§ 3 - Oath of Comptroller

§ 4 - Deputy Comptrollers

§ 4a - Delegation of authority by Comptroller

§ 4b - Deputy Comptroller for the supervision and examination of Federal savings associations

§ 5, 6 - Repealed.

§ 7 - Chief of examining division

§ 8 - Clerks

§ 9 - Additional examiners, clerks, and other employees

§ 9a - Repealed.

§ 10 - Salaries of Deputy Comptrollers, examiners, and other employees as part of bank examination expenses

§ 11 - Interest in national banks

§ 12 - Seal of Comptroller

§ 13 - Rooms for Currency Bureau

§ 14 - Report of Comptroller

§ 15 - Repealed. Aug. 7, 1946, ch. 770,

§ 16 - Funding of Office

§ 93a - Authority to prescribe rules and regulations

§ 161 - Reports to Comptroller of the Currency

§ 481 - Appointment of examiners; examination of member banks, State banks, and trust companies; reports

§ 482 - Employees of Office of Comptroller of the Currency; appointment; compensation and benefits

§ 484 - Limitation on visitorial powers

12 U.S. Code § 462b, 462c - Omitted

§ 1442 - Member financial information

§ 1462a - Administrative provisions

§ 1463 - Supervision of savings associations

§ 1464 - Federal savings associations

§ 1817 - Assessments

§ 1818 - Termination of status as insured depository institution

§ 1820 - Administration of Corporation

§ 1821 - Insurance Funds

§ 1831m - Early identification of needed improvements in financial management

12 U.S. Code § -

12 U.S. Code § 1801 to 1805 - Omitted

§ 1833e - Equal opportunity

§ 1867 - Regulation and examination of bank service companies

§ 1951 - Congressional findings and declaration of purpose

§ 1952 - Reports on ownership and control

§ 1953 - Recordkeeping and procedures

§ 1954 - Injunctions

§ 1955 - Civil penalties

§ 1956 - Criminal penalty

§ 1957 - Additional criminal penalty in certain cases

§ 1958 - Compliance

§ 1959 - Administrative procedure

§ 2601 - Congressional findings and purpose

§ 2602 - Definitions

§ 2603 - Uniform settlement statement

§ 2604 - Home buying information booklets

§ 2605 - Servicing of mortgage loans and administration of escrow accounts

§ 2606 - Exempted transactions

§ 2607 - Prohibition against kickbacks and unearned fees

§ 2608 - Title companies; liability of seller

§ 2609 - Limitation on requirement of advance deposits in escrow accounts

§ 2610 - Prohibition of fees for preparation of truth-in-lending, uniform settlement, and escrow account statements

§ 2611 to 2613 - Repealed.

§ 2614 - Jurisdiction of courts; limitations

§ 2615 - Contracts and liens; validity

§ 2616 - State laws unaffected; inconsistent Federal and State provisions

§ 2617 - Authority of Bureau

§ 2801 - Congressional findings and declaration of purpose

§ 2802 - Definitions

§ 2803 - Maintenance of records and public disclosure

§ 2804 - Enforcement

§ 2805 - Relation to State laws

§ 2806 - Compliance improvement methods

§ 2807 - Report

§ 2808 - Effective date

§ 2809 - Compilation of aggregate data

§ 2810 - Disclosure by Secretary; commencement, scope, etc.

§ 2811 - Repealed.

§ 2901 - Congressional findings and statement of purpose

§ 2902 - Definitions

§ 2903 - Financial institutions; evaluation

§ 2904 - Report to Congress

§ 2905 - Regulations

§ 2906 - Written evaluations

§ 2907 - Operation of branch facilities by minorities and women

§ 2908 - Small bank regulatory relief

§ 3101 - Definitions

§ 3102 - Establishment of Federal branches and agencies by foreign bank

§ 3103 - Interstate banking by foreign banks

§ 3104 - Insurance of deposits

§ 3105 - Authority of Federal Reserve System

§ 3106 - Nonbanking activities of foreign banks

§ 3106a - Compliance with State and Federal laws

§ 3107 - Representative offices

§ 3108 - Regulation and enforcement

§ 3109 - Cooperation with foreign supervisors

§ 3110 - Penalties

§ 3111 - Criminal penalty

§ 3401 - Definitions

§ 3402 - Access to financial records by Government authorities prohibited; exceptions

§ 3403 - Confidentiality of financial records

§ 3404 - Customer authorizations

§ 3405 - Administrative subpena and summons

§ 3406 - Search warrants

§ 3407 - Judicial subpena

§ 3408 - Formal written request

§ 3409 - Delayed notice

§ 3410 - Customer challenges

§ 3411 - Duty of financial institutions

§ 3412 - Use of information

§ 3413 - Exceptions

§ 3414 - Special procedures

§ 3415 - Cost reimbursement

§ 3416 - Jurisdiction

§ 3417 - Civil penalties

§ 3418 - Injunctive relief

§ 3419 - Suspension of limitations

§ 3420 - Grand jury information; notification of certain persons prohibited

§ 3421 - Repealed.

§ 3422 - Applicability to Securities and Exchange Commission

§ 5321 - Financial Stability Oversight Council established

§ 5412 - Powers and duties transferred

§ 5414 - Savings provisions

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 29 - LABOR
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS
Presidential Documents

Executive Order ... 12600

Title 12 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR 4 after this date.

  • 2014-03-21; vol. 79 # 55 - Friday, March 21, 2014
    1. 79 FR 15639 - Technical Amendments: Removal of Rules Transferred to the Consumer Financial Protection Bureau; OCC Address Change
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Office of the Comptroller of the Currency
      Final rule.
      Effective March 21, 2014.
      12 CFR Parts 4, 5, 7, 10, 11, 16, 19, 24, 34, and 40