Your FDIC examination has been completed, but you may be able to request a review through the FDIC Division of Supervision and Consumer Protection. The FDIC will review any decisions that it considers “material supervisory decisions,” defined in its Guidelines for Appeals of Material Supervisory Determinations. Section D lists decisions that are eligible for appeal (such as ratings or loan classifications) and decisions that are ineligible for review (such as decisions to take prompt corrective action).

If you decide that the examiner’s request for a full audit is eligible for review, your first step would be to make a written request to review. The Guidelines explain what your written request to review must contain, where to send the request, and that you have 60 days from your receipt of the examination report to file the request:

“F.  Filing a Request for Review With the FDIC Division of Supervision and Consumer Protection

“An institution may file a request for review of a material supervisory determination with the Director, Division of Supervision and Consumer Protection (“Director” or “Division Director”), 550 17th Street, NW, Room F-4076, Washington, DC 20429, within 60 calendar days following the institution’s receipt of a report of examination containing a material supervisory determination or other written communication of a material supervisory determination.  A request for review must be in writing and must include: 

1. A detailed description of the issues in dispute, the surrounding circumstances, the institution’s position regarding the dispute and any arguments to support that position (including citation of any relevant statute, regulation, policy statement, or other authority), how resolution of the dispute would materially affect the institution, and whether a good- faith effort was made to resolve the dispute with the on-site examiner and the Regional Office; and   

2. A statement that the institution’s board of directors has considered the merits of the request and authorized that it be filed.

“The Division Director will issue a written determination of the request for review, setting forth the grounds for that determination, within 45 days of receipt of the request.  No appeal to the SARC will be allowed unless an institution has first filed a timely request for review with the Division of Supervision and Consumer Protection.”

If you disagree with the Division Director’s written determination, the Guidelines go on to explain how to appeal to the FDIC Supervision Appeals Review Committee (“SARC”) starting in Section G. After receiving the Division Director’s written determination, you would have 30 days to file a written appeal with the SARC.