NCUA's Examination reports all state that the exam report documents our conclusions and agreed upon corrective actions.So what does agreed upon mean?It means you need to see it before it is final. Sadly that doesn't always happen.While NCUA has improved their appeal process, formal appeal is still a PAIN.NCUA encourages you to have an immediate dialogue - but what should you do if they are non-responsive?We discuss that and more in this episode.In 33 years at NCUA I served as Executive Director, Regional Director, Director of Special Actions, Supervisory Examiner, and Principal Examiner. I began at the ground level as an examiner. I rose to the top. As Executive Director I supervised your Regional Director. I know how NCUA thinks and why they think it. I know the examination process inside and out. I know how to communicate and negotiate with NCUA. I know how to get NCUA to YES instead of NO. I can help if you are currently dealing with or thinking about:An examination that did not go as well as you hopedAn Examination that is in process right nowAn examination that is coming soonResponding to an NCUA or state examinationAssessing a letter to you from your Regional Director or State RegulatorSeeking NCUA or State Regulator approval for an action you desire to takeAssessing actions you will take in response to a Document of ResolutionReceiving a Letter of Understanding and AgreementDocument of Resolution (DOR) IssuesExaminer FindingsSupplementary FactsCAMEL Code DowngradesCapital AdequacyAsset QualityManagement CodeEarningsLiquidity CodeSensitivity CodeCommercial Lending MBL IssuesInterest Rate Risk (IRR)Net Economic Value (NEV)Secondary CapitalSubordinated DebtExit Conference / Joint Conference ChallengesFair Lending Exam IssuesField of Membership (FOM) ExpansionsCECL IssuesAppealsReputation RiskNet Worth Restoration Plans (NWRP)Credit riskInterest rate riskLiquidity riskTransaction riskStrategic riskReputation riskCompliance riskNCUA's Large Credit Union ProgramTransition to the Office of National Examinations and Supervision (ONES)CFPBStrategic PlanningSafety and SoundnessSupervisory CommitteeCorporate GovernanceBank Secrecy Act (BSA)NCUA Examination PrioritiesNCUA's Examination GuideNational Supervision Policy ManualBank PurchasesLetters to Credit UnionsNCUA Regulations Reach out today to discuss how I can assist you and your credit union.For details on the 2017 regulation change on appeals see the text below:Appeals Process for Agency Decisions ImprovedThe process of appealing agency decisions to the NCUA Board will be more efficient, consistent, and transparent under a final rule (new Part 746, Subpart B) approved by the Board.Several current NCUA regulations include an embedded appeals process, but the new rule will replace those provisions with a uniform, comprehensive set of procedures that will apply in cases in which a decision by a regional director or other program office director is appealed to the Board.The new rule will affect appeals of decisions in areas including chartering and field of membership, investment authority, conversions and mergers, creditor claims in liquidations, and share insurance determinations. Certain areas, such as formal enforcement actions, prompt corrective action, and material supervisory determinations, would not be covered under the new rule.
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NCUA's Examination reports all state that the exam report documents our conclusions and agreed upon corrective actions.
So what does agreed upon mean?
It means you need to see it before it is final. Sadly that doesn't always happen.
While NCUA has improved their appeal process, formal appeal is still a PAIN.
NCUA encourages you to have an immediate dialogue - but what should you do if they are non-responsive?
We discuss that and more in this episode.
In 33 years at NCUA I served as Executive Director, Regional Director, Director of Special Actions, Supervisory Examiner, and Principal Examiner. I began at the ground level as an examiner. I rose to the top. As Executive Director I supervised your Regional Director. I know how NCUA thinks and why they think it. I know the examination process inside and out. I know how to communicate and negotiate with NCUA. I know how to get NCUA to YES instead of NO.
I can help if you are currently dealing with or thinking about:
An examination that did not go as well as you hoped
An Examination that is in process right now
An examination that is coming soon
Responding to an NCUA or state examination
Assessing a letter to you from your Regional Director or State Regulator
Seeking NCUA or State Regulator approval for an action you desire to take
Assessing actions you will take in response to a Document of Resolution
Receiving a Letter of Understanding and Agreement
Document of Resolution (DOR) Issues
Examiner Findings
Supplementary Facts
CAMEL Code Downgrades
Capital Adequacy
Asset Quality
Management Code
Earnings
Liquidity Code
Sensitivity Code
Commercial Lending MBL Issues
Interest Rate Risk (IRR)
Net Economic Value (NEV)
Secondary Capital
Subordinated Debt
Exit Conference / Joint Conference Challenges
Fair Lending Exam Issues
Field of Membership (FOM) Expansions
CECL Issues
Appeals
Reputation Risk
Net Worth Restoration Plans (NWRP)
Credit risk
Interest rate risk
Liquidity risk
Transaction risk
Strategic risk
Reputation risk
Compliance risk
NCUA's Large Credit Union Program
Transition to the Office of National Examinations and Supervision (ONES)
CFPB
Strategic Planning
Safety and Soundness
Supervisory Committee
Corporate Governance
Bank Secrecy Act (BSA)
NCUA Examination Priorities
NCUA's Examination Guide
National Supervision Policy Manual
Bank Purchases
Letters to Credit Unions
NCUA Regulations
Reach out today to discuss how I can assist you and your credit union.
For details on the 2017 regulation change on appeals see the text below:
Appeals Process for Agency Decisions Improved
The process of appealing agency decisions to the NCUA Board will be more efficient, consistent, and transparent under a final rule (new Part 746, Subpart B) approved by the Board.
Several current NCUA regulations include an embedded appeals process, but the new rule will replace those provisions with a uniform, comprehensive set of procedures that will apply in cases in which a decision by a regional director or other program office director is appealed to the Board.
The new rule will affect appeals of decisions in areas including chartering and field of membership, investment authority, conversions and mergers, creditor claims in liquidations, and share insurance determinations. Certain areas, such as formal enforcement actions, prompt corrective action, and material supervisory determinations, would not be covered under the new rule.
