www.marktreichel.com
https://www.linkedin.com/in/mark-treichel/
Episode Description: When your credit union receives an examination result you believe is wrong, what are your options? In this episode, Mark Treichel walks through NCUA's formal appeal process from start to finish — the timeline, the levels of review, what you can actually appeal, and how to think about whether it makes sense for your institution. Drawing on his experience as a former NCUA regional director and his work advising credit unions through the process, Mark breaks down the practical realities most credit union leaders don't fully understand until they're in the middle of it.
Key Topics Covered:
- Why resolving issues at the examiner level is always the best first step — and why it doesn't always work
- The fear of retaliation and when it's worth pushing back anyway
- What qualifies as a "material supervisory determination" under Part 746
- The critical phrase most credit unions overlook: "includes, but is not limited to"
- Why you can't formally appeal CAMEL components — but effectively can anyway
- Document resolutions are negotiable: pushing back on language, dates, and requirements
- The full appeal timeline: regional director, Supervisory Review Committee, and NCUA Board
- When oral hearings are available and when they're guaranteed
- Why "tie goes to the runner" at every level — and what that means for your burden of proof
- Defining victory: full reversals, partial wins, and the value of being heard
- Building your administrative record for the long term
Key Takeaways:
- You have 30 days from the final exam to appeal to the regional director — and some argue the clock starts when you see the draft.
- A full appeal through the NCUA Board can take eight months to a year.
- The Supervisory Review Committee must grant an oral hearing if you request one — the only level where that's guaranteed.
- Your odds of success generally improve as you move higher in the process.
- Even if you don't win the appeal, you're building an administrative record NCUA must consider in any future enforcement actions.
Resources:
- NCUA Part 746, Subpart A (Appeals Regulation)
- Preamble to the final rule on appeals process
- Credit Union Exam Solutions: marktreichel.com
Opus 4.5
Extended
Claude is AI and can make mistakes. Please double-check responses.
Share
Artifacts
Download all
Ncua
