Page:United States Statutes at Large Volume 124.djvu/2018

 124 STAT. 1992 PUBLIC LAW 111–203—JULY 21, 2010 (D) prior to issuing a final report of examination or taking supervisory action, take into consideration concerns, if any, raised in the comments made by the other agency. (2) COORDINATION WITH STATE BANK SUPERVISORS.—The Bureau shall pursue arrangements and agreements with State bank supervisors to coordinate examinations, consistent with paragraph (1). (3) AVOIDANCE OF CONFLICT IN SUPERVISION.— (A) REQUEST.—If the proposed supervisory determina- tions of the Bureau and a prudential regulator (in this section referred to collectively as the ‘‘agencies’’) are con- flicting, an insured depository institution, insured credit union, or other covered person described in subsection (a) may request the agencies to coordinate and present a joint statement of coordinated supervisory action. (B) JOINT STATEMENT.—The agencies shall provide a joint statement under subparagraph (A), not later than 30 days after the date of receipt of the request of the insured depository institution, credit union, or covered per- son described in subsection (a). (4) APPEALS TO GOVERNING PANEL.— (A) IN GENERAL.—If the agencies do not resolve the conflict or issue a joint statement required by subparagraph (B), or if either of the agencies takes or attempts to take any supervisory action relating to the request for the joint statement without the consent of the other agency, an insured depository institution, insured credit union, or other covered person described in subsection (a) may institute an appeal to a governing panel, as provided in this subsection, not later than 30 days after the expiration of the period during which a joint statement is required to be filed under paragraph (3)(B). (B) COMPOSITION OF GOVERNING PANEL.—The gov- erning panel for an appeal under this paragraph shall be composed of— (i) a representative from the Bureau and a rep- resentative of the prudential regulator, both of whom— (I) have not participated in the material super- visory determinations under appeal; and (II) do not directly or indirectly report to the person who participated materially in the super- visory determinations under appeal; and (ii) one individual representative, to be determined on a rotating basis, from among the Board of Gov- ernors, the Corporation, the National Credit Union Administration, and the Office of the Comptroller of the Currency, other than any agency involved in the subject dispute. (C) CONDUCT OF APPEAL.—In an appeal under this paragraph— (i) the insured depository institution, insured credit union, or other covered person described in sub- section (a)— (I) shall include in its appeal all the facts and legal arguments pertaining to the matter; and Establishment. Deadline.