12 U.S. Code § 4806 - Regulatory appeals process, ombudsman, and alternative dispute resolution
(a) In general
Not later than 180 days after September 23, 1994, each appropriate Federal banking agency and the National Credit Union Administration Board shall establish an independent intra-agency appellate process. The process shall be available to review material supervisory determinations made at insured depository institutions or at insured credit unions that the agency supervises.
(b) Review process
In establishing the independent appellate process under subsection (a) of this section, each agency shall ensure that—
(1) any appeal of a material supervisory determination by an insured depository institution or insured credit union is heard and decided expeditiously; and
(c) Comment period
Not later than 90 days after September 23, 1994, each appropriate Federal banking agency and the National Credit Union Administration Board shall provide public notice and opportunity for comment on proposed guidelines for the establishment of an appellate process under this section.
(d) Agency ombudsman
(1) Establishment required
Not later than 180 days after September 23, 1994, each Federal banking agency and the National Credit Union Administration Board shall appoint an ombudsman.
(2) Duties of ombudsman
The ombudsman appointed in accordance with paragraph (1) for any agency shall—
(A) act as a liaison between the agency and any affected person with respect to any problem such party may have in dealing with the agency resulting from the regulatory activities of the agency; and
(e) Alternative dispute resolution pilot program
(1) In general
Not later than 18 months after September 23, 1994, each Federal banking agency and the National Credit Union Administration Board shall develop and implement a pilot program for using alternative means of dispute resolution of issues in controversy (hereafter in this section referred to as the “alternative dispute resolution program”) that is consistent with the requirements of subchapter IV of chapter 5 of title 5 if the parties to the dispute, including the agency, agree to such proceeding.
An alternative dispute resolution pilot program developed under paragraph (1) shall—
(3) Independent evaluation
Not later than 18 months after the date on which a pilot program is implemented under paragraph (1), the Administrative Conference of the United States shall submit to the Congress a report containing—
(C) the extent to which parties to disputes were offered alternative means of dispute resolution and the frequency with which the parties, including the agencies, accepted or declined to use such means; and
(4) Implementation of program
At any time after completion of the evaluation under paragraph (3)(A), any Federal banking agency and the National Credit Union Administration Board may implement an alternative dispute resolution program throughout the agency, taking into account the results of that evaluation.
(5) Coordination with existing agency ADR programs
(A) Evaluation required
If any Federal banking agency or the National Credit Union Administration maintains an alternative dispute resolution program as of September 23, 1994, under any other provision of law, the Administrative Conference of the United States shall include such program in the evaluation conducted under paragraph (3)(A).
For purposes of this section, the following definitions shall apply:
(1) Material supervisory determinations
The term “material supervisory determinations”—
(A) includes determinations relating to—
(B) does not include a determination by a Federal banking agency or the National Credit Union Administration Board to appoint a conservator or receiver for an insured depository institution or a liquidating agent for an insured credit union, as the case may be, or a decision to take action pursuant to section 1831o of this title or section 1790a of this title, as appropriate.
(2) Independent appellate process
The term “independent appellate process” means a review by an agency official who does not directly or indirectly report to the agency official who made the material supervisory determination under review.
(3) Alternative means of dispute resolution
(4) Issues in controversy
The term “issues in controversy” means—
(A) any final agency decision involving any claim against an insured depository institution or insured credit union for which the agency has been appointed conservator or receiver or for which a liquidating agent has been appointed, as the case may be;
(B) any final action taken by an agency in the agency’s capacity as conservator or receiver for an insured depository institution or by the liquidating agent appointed for an insured credit union; and
Source(Pub. L. 103–325, title III, § 309,Sept. 23, 1994, 108 Stat. 2218.)
Termination of Administrative Conference of United States
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