Requests for Review of Assessments
REQUESTS
FOR RATE REVIEW
An institution
has the right to request a review of its assessment risk assignment
or assessment
rate. The FDIC’s regulation is
set forth at 12
C.F.R. § 327.4(c).
Possible subjects of a request for review include: (1) the capital
group assigned to an institution; (2) the wrong (not a disputed) CAMELS
rating used to determine a risk classification or assessment rate;
(3) an examination rating transmittal date; (4) a financial ratio
used to calculate the assessment rate (for an institution in Risk
Category I subject to the financial ratio method); (5) the wrong (not
a disputed) long-term debt issuer rating used or the wrong effective
date of a new debt rating used to calculate the assessment rate (for
a large institution in Risk Category I subject to the debt rating
method); (6) a risk adjustment applied to a large bank in Risk Category
I; (7) classification of a Risk Category I institution as small or
large; or (8) the pricing method used (financial ratio method versus
debt rating method) for an institution in Risk Category I.
The review process is not intended as a means for an institution
to dispute either the composite or component ratings assigned to the
institution by its primary federal regulator. Each federal regulator
has established procedures for that purpose.
Requests for review of an assessment risk assignment or assessment
rate must be:
Director,
Division of Insurance and Research
Federal Deposit Insurance Corporation
550 17th Street, NW
Washington, D.C. 20429
ATTN:
Fund Analysis and Pricing Section
Room 4102
- Postmarked or
received by the FDIC within 90 days of the date the assessment risk
assignment
or assessment rate being challenged appears
on the institution’s quarterly certified statement invoice.
- Sufficiently documented to support the change sought by the institution.
To ensure proof
of mailing, institutions may wish to send requests for review by
certified or registered mail.
An institution
will be notified in writing of the determination on its request.
If an institution’s
request is denied, the institution will be advised of its right
to appeal that denial to the Assessment
Appeals Committee (AAC). Such an appeal must be filed with the
AAC within 30 calendar days from the date of the determination
letter. Failure to file within the 30-day time frame may result
in denial
of the appeal by the AAC. If an institution appeals the denial
to
the AAC, the AAC will conduct a hearing and decide the matter.
The institution will be notified in writing of the decision of
the AAC. For more information see Deposit
Insurance Assessment Appeals: Guidelines & Decisions.
REQUESTS FOR REVISION
An institution
has the right to request a revision of its assessment base used
in determining
the amount of assessments owed, or the computation
of the amounts owed, as set forth in 12
C.F.R. § 327.3(f) of
the FDIC Rules and Regulations. Possible
subjects of a request for revision include: (1) disagreement with
an amount
included in the
assessment
base; or (2) an error in the mathematical computation of the quarterly
certified statement invoice.
An institution
also has the right to request a review of the amounts shown on
the credit
summary statement provided with its quarterly
certified statement invoice, as set forth in 12
C.F.R. § 327.36(b)-(i) of the FDIC Rules and Regulation. Possible
subjects of a request for review of the credit summary statement
include: (1)
disagreement with any limitation on the amount of credit that was
applied against
the amount owed for deposit insurance; or (2) credit issues related
to recent acquisitions. The review process, however, is not intended
as a means for an institution to appeal one-time assessment credit
amount determinations previously made by the FDIC.
Requests for revision of assessment computations and requests for
review of credit summary statements must be:
Federal Deposit Insurance Corporation
Manager, Assessments Policy Section
3501 Fairfax Drive, E-5075
Arlington, Virginia 22226
- Postmarked
or received by the FDIC within 90 days of the date of the quarterly
certified statement invoice or credit summary statement
being challenged.
- Sufficiently
documented to support the change sought by the institution.
To ensure proof of mailing, institutions may wish to send requests
by certified or registered mail. An institution
will be notified in writing of the determination on its request.
If an institution’s
request is denied, the institution will be advised of its right
to appeal that denial to the Assessment
Appeals Committee (AAC). Such an appeal must be filed with the
AAC within 30 calendar days from the date of the determination
letter. Failure to file within the 30-day time frame may result
in denial
of the appeal by the AAC. If an institution appeals the denial
to
the AAC, the AAC will conduct a hearing and decide the matter.
The institution will be notified in writing of the decision of
the AAC. For
more information see Deposit
Insurance Assessment Appeals: Guidelines & Decisions.
|