Request
for Determination A request for a determination
that a state law is inconsistent or that a state law is substantially
the same as the act and regulation shall be in writing and addressed
to the Secretary, Board of Governors of the Federal Reserve System,
Washington, D.C. 20551. The request shall be made pursuant to the
procedures herein and the Board’s Rules of Procedure (12 CFR 262).
Supporting Documents A request for a determination shall include the following
items:
(1) The text of the state
statute, regulation, or other document that is the subject of the
request.
(2) Any other
statute, regulation, or judicial or administrative opinion that implements,
interprets, or applies the relevant provision.
(3) A comparison of the state law with
the corresponding provision of the federal law, including a full discussion
of the basis for the requesting party’s belief that the state provision
is either inconsistent or substantially the same.
(4) Any other information that the requesting
party believes may assist the Board in its determination.
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Public Notice of Determination
Notice that the Board intends to make a determination
(either on request or on its own motion) will be published in the Federal Register, with an opportunity for public comment, unless
the Board finds that notice and opportunity for comment would be impracticable,
unnecessary, or contrary to the public interest and publishes its
reasons for such decision.
Subject to the Board’s Rules Regarding Availability of
Information (12 CFR 261), all requests made, including any documents
and other material submitted in support of the requests, will be made
available for public inspection and copying.
Notice After Determination
Notice of a final determination will be published in the Federal Register and the Board will furnish a copy of such notice
to the party who made the request and to the appropriate state official.
Reversal of
Determination
The Board reserves the right to reverse a determination
for any reason bearing on the coverage or effect of state or federal
law.
Notice of reversal of a determination will be published
in the Federal Register and a copy furnished to the appropriate
state official.
