ABA Supports OCC Supervisory Appeals Reform Proposal
Summary
The American Bankers Association submitted comments to the Office of the Comptroller of the Currency supporting its February 2026 proposed rule to reform the supervisory appeals process. The OCC proposal would create a new independent board to review appeals and establish a de novo standard of review that does not defer to previous decisions. ABA recommended staffing the appeals board with independent, term appointees and establishing due-process protocols if the comptroller overturns any appeals board decision.
“An independent supervisory appeals process at the Office of the Comptroller of the Currency would serve as a crucial backstop to support and promote fair and consistent supervision”
What changed
The ABA submitted comments supporting OCC's proposal to reform its supervisory appeals process for nationally chartered banks. The OCC's February 2026 proposed rule would establish a new independent board to review supervisory appeals and implement a de novo standard of review that freely considers matters anew rather than deferring to prior decisions. ABA recommended that the appeals board be staffed with independent, term appointees selected from a pool of candidates, and that due-process protocols be established for cases where the comptroller overturns an appeals board decision. Banks subject to OCC supervision could benefit from more independent and consistent appeals of supervisory findings if these reforms are adopted.
Affected parties include nationally chartered banks and federal thrifts subject to OCC examination and supervisory enforcement actions. While this article represents an industry trade group's advocacy position rather than a binding regulatory change, banks should monitor OCC's final rulemaking on this topic as it could affect their rights in supervisory matters.
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April 20, 2026 Reading Time: 1 min read An independent supervisory appeals process at the Office of the Comptroller of the Currency would serve as a crucial backstop to support and promote fair and consistent supervision, the American Bankers Association said today.
The OCC in February proposed a new rule to make several revisions to its supervisory appeals process, including the creation of a new board to review appeals and a new “de novo standard of review” that “does not defer to the previous decision but freely considers the matter anew.”
In comments to the agency, ABA said it strongly supports the proposal. Among other things, the association recommended staffing the appeals board with independent, term appointees; establishing a pool of appointees to select three members to serve on an appeals board panel; and establishing due-process protocols if the comptroller overturns any appeals board decision.
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