12 CFR 4.35 - Consideration of requests.

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§ 4.35 Consideration of requests.
(a) In general—(1) OCC discretion. The OCC decides whether to release non-public OCC information based on its weighing of all appropriate factors including the requestor's fulfilling of the requirements enumerated in § 4.33. Each decision is at the sole discretion of the Comptroller or the Comptroller's delegate and is a final agency decision. OCC action on a request for non-public OCC information exhausts administrative remedies for discovery of the information.
(2) Bases for denial. The OCC may deny a request for non-public OCC information for reasons that include the following:
(i) The requester was unsuccessful in showing that the information is relevant to the pending matter;
(ii) The requester seeks testimony and the requestor did not show a compelling need for the information;
(iii) The request arises from an adversarial matter and other evidence reasonably suited to the requester's need is available from another source;
(iv) A lawsuit or administrative action has not yet been filed and the request was made in connection with potential litigation;
(v) The production of the information would be contrary to the public interest or unduly burdensome to the OCC; or
(vi) When prohibited by law.
(3) Additional information. A requester must submit a complete request. The OCC may require the requester to provide additional information to complete a request. Consistent with the purposes stated in § 4.31, the OCC may inquire into the circumstances of any case underlying the request and rely on sources of information other than the requester, including other parties.
(4) Time required by the OCC to respond. The OCC generally will process requests in the order in which they are received. The OCC will notify the requester in writing of the final decision. Absent exigent or unusual circumstances, the OCC will respond to a request within 60 days from the date that the OCC receives a request that it deems a complete request. Consistent with § 4.33(a)(2), the OCC weighs a request to respond to provide information in less than 60 days against the unfairness to other requesters whose pending requests may be delayed and the burden imposed on the OCC by the expedited processing.
(5) Notice to subject national banks and Federal savings associations. Following receipt of a request for non-public OCC information, the OCC generally notifies the national bank or Federal savings association that is the subject of the requested information, unless the OCC, in its discretion, determines that to do so would advantage or prejudice any of the parties in the matter at issue.
(b) Testimony. (1) The OCC generally will not authorize a current OCC employee to provide expert or opinion evidence for a private party.
(2) The OCC may restrict the scope of any authorized testimony and may act to ensure that the scope of testimony given by the OCC employee adheres to the scope authorized by the OCC.
(3) Once a request for testimony has been submitted, and before the requested testimony occurs, a party to the relevant case, who did not join in the request and who wishes to question the witness beyond the scope of testimony sought by the request, shall timely submit the party's own request for OCC information pursuant to this subpart.
(4) The OCC may offer the requester the employee's written declaration in lieu of testimony.
(c) Release of non-public OCC information by others. In appropriate cases, the OCC may respond to a request for information by authorizing a party to the case who is in possession of non-public OCC information to release the information to the requester. An OCC authorization to release records does not preclude the party in possession from asserting its own privilege, arguing that the records are not relevant, or asserting any other argument for which it has standing to protect the records from release.
[60 FR 57322, Nov. 15, 1995, 75 FR 75576, Dec. 3, 2010; 76 FR 43563, 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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


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.

  • 2014-06-10; vol. 79 # 111 - Tuesday, June 10, 2014
    1. 79 FR 33260 - Integration of National Bank and Federal Savings Association Regulations: Licensing Rules
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, Office of the Comptroller of the Currency
      Notice of proposed rulemaking.
      Comments must be received on or before August 11, 2014.
      12 CFR Parts 4, 5, 7, 14, 32, 34, 100, 116, 143, 144, 145, 146, 150, 152, 159, 160, 161, 162, 163, 174, 192, 193