[Code of Federal Regulations]

[Title 12, Volume 6]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR747.311]



[Page 653]

 

                       TITLE 12--BANKS AND BANKING

 

            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION

 

PART 747_ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF 

PRACTICE AND PROCEDURE, AND INVESTIGATIONS--Table of Contents

 

   Subpart D_Local Rules and Procedures Applicable to Suspensions and 

                    Prohibitions Where Felony Charged

 

Sec. 747.311  Relevant considerations.



    In deciding the question of suspension, prohibition, or removal 

under this subpart, the NCUA Board will consider the following:

    (a) Whether the alleged offense is a crime which is punishable by 

imprisonment for a term exceeding one year under state or Federal law, 

and which involves dishonesty or breach of trust;

    (b) Whether the continued presence of the subject individual in his 

or her position may pose a threat to the interests of the credit union's 

members because of the nature and extent of the individual's 

participation in the affairs of the insured credit union and/or the 

nature of the offense with the commission of or participation in which 

the individual has been charged;

    (c) Whether there is cause to believe that there may be an erosion 

of public confidence in the integrity, safety, or soundness of a 

particular credit union (either generally or in the particular locality 

in which the credit union is situated) if the subject individual is 

permitted to remain in his or her position in an insured credit union;

    (d) Whether the individual is covered by the credit union's fidelity 

bond and, if so, whether the bond is likely to be revoked, or whether 

coverage under the bond will be affected adversely as a result of the 

information, indictment, complaint, judgment of conviction or entry into 

a pretrial diversion or other similar program; and

    (e) The NCUA Board may consider any other factors which, in the 

specific case, appear relevant to the decision to continue in effect, 

rescind, terminate, or modify a suspension, prohibition, or removal 

order, except that it shall not consider the ultimate question of the 

guilt or innocence of the subject individual with regard to the crime 

with which he or she has been charged.