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8-109

SECTION 265.8—Functions Delegated to the Director of the Division of Consumer and Community Affairs

The director of the Division of Consumer and Community Affairs (or the director’s delegatee) is authorized:
(a) Examination and enforcement activities. For the consumer protection and consumer affairs statutes and regulations for which the Board has supervisory and enforcement responsibility, including but not limited to the Truth in Lending Act, Home Mortgage Disclosure Act, Community Reinvestment Act, Equal Credit Opportunity Act, Fair Housing Act, and the Federal Trade Commission Act’s prohibition on unfair and deceptive acts and practices:
(1) To oversee policy development regarding compliance by state member banks and other supervised entities, including by establishing criteria for the execution of examination and enforcement activities delegated to the Reserve Banks and monitoring those activities; and
(2) To issue examination or inspection manuals; report, agreement, and examination forms; examination procedures, guidelines, instructions, and other similar materials.
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(b) Community Advisory Council. To call meetings of and consult with the Community Advisory Council, approve the agenda for such meetings, publish Federal Register notices soliciting Community Advisory Council nominations from the public to assist in the selection of prospective members, and accept any resignations from Community Advisory Council members.
(c) Determining inconsistencies between state and federal laws. To determine whether a state law is inconsistent with the following federal acts and regulations to the extent that the laws are applicable to motor vehicle dealers, as defined in section 1029 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5519):
(1) Sections 111, 171(a) and 186(a) of the Truth in Lending Act (15 U.S.C. 1610(a), 1666j(a), 1667e(a)) and sections 226.28 of Regulation Z (12 CFR 226.28) and 213.9 of Regulation M (12 CFR 213.9);
(2) Section 919 of the Electronic Fund Transfer Act (15 U.S.C. 1693q) and section 205.12 of Regulation E (12 CFR 205.12); and
(3) Section 705(f) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(f)) and section 202.11 of Regulation B (12 CFR 202.11).
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(d) Interpreting the Fair Credit Reporting Act. To issue interpretations pursuant to section 621(e) of the Fair Credit Reporting Act (15 U.S.C. 1681s(e));
(e) [Reserved]
(f) Community Reinvestment Act determinations. To make determinations, pursuant to section 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903), approving or disapproving:
(1) Strategic plans and any amendments thereto pursuant to section 228.27(g) and (h) of Regulation BB (12 CFR 228.27(g) and (h)); and
(2) Requests for designation as a wholesale or limited purpose bank or the revocation of such designation, pursuant to section 228.25(b) of Regulation BB (12 CFR 228.25(b)).
(g) Public hearings. To conduct hearings or other proceedings required or permitted by law, concerning consumer law or other matters within the responsibilities of the Division of Consumer and Community Affairs, in consultation with other interested divisions of the Board where appropriate.
(h) Designation of responsible Reserve Bank for savings and loan holding companies. With the director of the Division of Supervision and Regulation, to designate the responsible Reserve Bank of a savings and loan holding company when the standard designation would not result in an efficient allocation of supervisory resources or would not otherwise be appropriate.

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