(a) Notice of disapproval. The Board or Reserve Bank will disapprove
a notice if, pursuant to the standard set forth in 12 U.S.C. 1831i(e),
the Board or Reserve Bank finds that the competence, experience, character,
or integrity of the proposed individual indicates that it would not
be in the best interests of the depositors of the savings and loan
holding company or of the public to permit the individual to be employed
by, or associated with, the savings and loan holding company. If the
Board or Reserve Bank disapproves a notice, it will issue a written
notice that explains why the Board or Reserve Bank disapproved the
notice. The Board or Reserve Bank will send the notice to the savings
and loan holding company and the individual.
(b) Appeal of a notice of disapproval.
(1) A disapproved individual or a regulated
institution that has submitted a notice that is disapproved under
this section may appeal the disapproval to the Board within 15 days
of the effective date of the notice of disapproval. An appeal shall
be in writing and explain the reasons for the appeal and include all
facts, documents, and arguments that the appealing party wishes to
be considered in the appeal, and state whether the appealing party
is requesting an informal hearing.
(2) Written notice of the final decision
of the Board shall be sent to the appealing party within 60 days of
the receipt of an appeal, unless the appealing party’s request for
an informal hearing is granted.
(3) The disapproved individual may not
serve as a director or senior executive officer of the state member
bank or bank holding company while the appeal is pending.
(c) Informal hearing.
(1) An individual or regulated
institution whose notice under this section has been disapproved may
request an informal hearing on the notice. A request for an informal
hearing shall be in writing and shall be submitted within 15 days
of a notice of disapproval. The Board may, in its sole discretion,
order an informal hearing if the Board finds that oral argument is
appropriate or necessary to resolve disputes regarding material issues
of fact.
(2) An informal
hearing shall be held within 30 days of a request, if granted, unless
the requesting party agrees to a later date.
(3) Written notice of the final decision
of the Board shall be given to the individual and the regulated institution
within 60 days of the conclusion of any informal hearing ordered by
the Board, unless the requesting party agrees to a later date.
