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The availability of an appeal of an NCUA examination to an administrative law judge and then to the FFIEC’s ombudsman may not be the panacea that credit unions seem to assume.

Section 3 of HR 3461 provides that the ombudsman would determine the “merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge,” and that the evidentiary hearing before the administrative law judge would be conducted under the procedures set forth in  the Administrative Procedures Act, including the burden of proof and the receipt of testimony and exhibits.

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Tonya Knudesn


Credit Union Times

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