Public Notice and Comments Booklet

COMPTROLLER’S LICENSING MANUAL

PUBLIC NOTICE AND
COMMENTS
APRIL 2022

Contents
Introduction ..............................................................................................................................1
Public Notice....................................................................................................................... 2
Public Comment.................................................................................................................. 5
Community Reinvestment Act ............................................................................................ 7
Removal of an Application From the Expedited Review Process
Due to Receipt of a Comment ..................................................................................... 10
Convenience and Needs .................................................................................................... 11
Meetings ............................................................................................................................ 11
Public Hearings ................................................................................................................. 12
Public Decisions................................................................................................................ 13
References ...............................................................................................................................14
Table of Updates Since Publication ......................................................................................16

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Introduction
This booklet of the Comptroller’s Licensing Manual provides guidance concerning the
licensing procedures of the Office of the Comptroller of the Currency (OCC) for public
notice and comments. The requirements referred to in this guidance document reflect
provisions in existing statutes and regulations. The relevant statutes and regulations are listed
at the end of this booklet or referenced as applicable throughout the document.1
This booklet of the Comptroller’s Licensing Manual addresses general requirements related
to the public notice process, impact of Community Reinvestment Act (CRA) performance on
certain applications or notices (filings), application of the convenience and needs standard
under the Bank Merger Act, and requirements and procedures for conducting public hearings,
public meetings, and private meetings.2 The booklet applies to national banks and federal
savings associations (FSA) (collectively, banks) unless otherwise noted and should be used
with other OCC Licensing Manual booklets.3
Certain transactions or activities require prior OCC approval. Specific laws and regulations
require a bank to publish notice of its filing.4 This publication process allows the public to
submit written comments to the OCC in support of or in opposition to the filing.5 Generally,
when a notice is published, interested persons have 30 days from the initial date of
publication of the notice to submit a written comment to the OCC (see the “Duration of
Public Comment Period” section of this booklet).6 The public may request an extension of
the comment period, a meeting, or a public hearing. Publication requirements vary depending
on the type of filing and can be found in the Licensing Manual booklet for the specific filing
type.7

1

This booklet also includes procedures that banks must follow in connection with filing applications and
notices with the OCC. Such procedures are not substantive rules that establish decision criteria. Rather, they are
steps a bank must take to allow the OCC to assess whether a bank has met the substantive requirements for the
application or notice in existing statutes and regulations. Consistent with the Administrative Procedure Act
(APA), the OCC may issue guidance concerning licensing that has binding procedural steps a bank must take to
allow the OCC to assess a bank’s application or notice. See 5 USC 553(b)(A).
2

The OCC may adopt materially different procedures for a particular filing or class of filings pursuant to 12
CFR 5.2.
3

This booklet also applies to federal branches and agencies of foreign banks.

4

For example, refer to 12 CFR 5.8 and 5.33(f)(1)(ii). For a change in control of a bank, the person(s) or entity
seeking to acquire control is generally required to publish a public notice. Refer to 12 CFR 5.50(f).
5

Refer to 12 CFR 5.10.

6

Refer to 12 CFR 5.10(b).

7

This booklet addresses public comments regarding a specific filing. General comments regarding a bank can
be addressed to the OCC’s Customer Assistance Group at www.HelpWithMyBank.gov.
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Public Notice
In general, a filer is required to publish a notice of its filing in a newspaper of general
circulation in the community where it proposes to engage in business.8 For example, if a
bank proposes to establish a branch, it generally must publish notice in a newspaper of
general circulation in the community where the branch will be located.9 In a merger between
two banks, each headquartered in a different city, the filer generally must publish notices in
newspapers in both cities.10 The publication must occur on the same date as the filing or as
soon as practicable before or after the date of filing.11
Public notice is required for certain types of filings, generally including:12
•

Organizing a bank (other than conversions from another type of depository institution to
a bank)
Establishing domestic branches13
Relocating a national bank’s main office, a FSA’s home office, or branches of either14
Certain business combinations15
Changes in bank control16
Initial and additional establishment of federal branches and agencies of foreign banks
Relocating federal branches and agencies of foreign banks

•
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•
•
•
•

For those business combinations that require public notice, the OCC encourages the filer and
target institution (in addition to the required newspaper notice) to announce on their
respective websites the proposed transaction. The announcement should occur on or before
the date the filer files the business combination filing with the OCC.
In certain instances, laws and regulations require a filer to publish a newspaper notice in
connection with a filing even when 12 CFR 5.8 does not apply. These notices are not subject
8

Refer to 12 CFR 5.3 and 5.8(a).

9

Refer to 12 CFR 5.30 and 5.31.

10

Refer to 12 USC 1828(c)(3)(D).

11

Refer to 12 CFR 5.8(a).

12

Refer to 12 CFR 5.8, as well as the applicable Comptroller’s Licensing Manual booklet and respective forms.

13

Refer to 12 CFR 5.30 and 5.31.

14

Refer to 12 CFR 5.30, 5.31, and 5.40. Although branch closings typically do not require a published notice, a
bank must send advance notification of branch closings to its customers and post a notice at the closing
branch(es). Refer to 12 USC 1831r-1 and the “Branch Closings” booklet of the Comptroller’s Licensing
Manual).
15

Refer to 12 CFR 5.33(f).

16

Refer to 12 CFR 5.50(f)(1) and (g).

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to a comment period under 12 CFR 5.10. Examples of these include the notice of shareholder
meeting for business combinations and the publishing of notice for a voluntary liquidation.17
18
Filers should refer to the respective Comptroller’s Licensing Manual booklet for each
filing type for information on the types of publication required.

Public Notice Content and Confirmation
Generally, the public notice must contain the following:19
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•
•
•
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•
•
•
•

A statement that the filing is being made
The date of the filing
The filer’s name and address20
The subject matter of the filing, including the name(s) of the institution(s) that is the
subject of the filing
A statement that the public may comment to the OCC
The appropriate OCC office address where comments should be sent
A statement that the public portion of the filing is available on request
The closing date of the comment period (if known at the time the notice is published)
A statement that information about the filing may be found in the OCC’s Weekly Bulletin
available on the OCC website
Any other related information required by the OCC

Note: Refer to the relevant booklet of the Comptroller’s Licensing Manual to obtain specific
public notice requirements and sample public notices for each filing type.
Promptly after publication, the filer must provide to the appropriate director for District
Licensing (DDL) a statement containing the date of publication, the name and address of the
newspaper(s) that published the public notice, a copy of the public notice, and any other
information required by the OCC.21 The bank should submit to the DDL an affidavit of
publication prepared by the publishing newspaper(s) once the affidavit is available.

17

Refer to 12 USC 215a. There is no similar requirement for FSAs.

18

Refer to 12 CFR 5.48 and 12 USC 182.

19

Refer to 12 CFR 5.8(b). Although there is no requirement for the OCC to review a proposed public notice, a
review may help avoid errors that could result in the OCC requiring republication of the notice.
20

Public notices for changes in control do not require the bank’s address. Refer to 12 CFR 5.50(f)(1). The
public notice should include the bank’s legal name (and any names used in the community where the public
notice will be made), city or town, and state. Refer to the sample “Publication Notice” form for change in bank
control.
21

Refer to 12 CFR 5.8(c).

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Special Considerations
If the filing is part of a multiple-step transaction or a series of transactions, the filer should
explain the entire transaction in one public notice, as if it were a single filing, so the public
will understand the entire transaction. For example, a bank should not publish a relocation of
a main office in one public notice, establishment of a branch at the current main office
location in a second public notice, and a merger in a third public notice because they are all
steps in the transaction. In addition, the description of the multiple-step transaction should
include all steps, even if one particular step would not require a public notice if it were
treated as a single, separate transaction. The filer must explain in the notice how the
transactions are related.22
When a bank operates under more than one name or under a name substantially different
from its legal name, each public notice should include both the bank’s legal name and the
name(s) it is using or intends to use in the community where the publication circulates.
The bank should consider the languages used by the residents of the communities where
public notice is required. The notice must be published in English, but if the OCC determines
that the primary language of a significant number of adult residents of the community is not
English, the OCC may require that an additional notice be published in the appropriate
language(s).23

Additional Public Notice
In addition to the public notices required by law, the OCC may require a new public notice if
the filer submits either a revised filing or new or additional information related to the filing, a
major issue of law or change in circumstances arises after the filing, or the agency determines
that a new public notice is appropriate.24 The OCC usually provides the filer with specific
guidance about the form and content of a new notice, based on the filing type and the issues
presented.
When the filer is not required by statute to publish a notice, the OCC has the authority to
publish a notice requesting comment on the filing.25 If the OCC decides to provide public
notice, it may publish the notice in any manner it determines appropriate for the particular
filing, such as the Federal Register or local or regional newspapers. The OCC considers such
public notices when
•

the filing presents novel or complex issues.

22

Refer to 12 CFR 5.8(d).

23

Refer to 12 CFR 5.8(a).

24

Refer to 12 CFR 5.8(g).

25

Refer to 12 CFR 5.8(f).

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•
•
•

the filing is likely to be controversial.
the filing may have widespread implications for banks or customers.
the OCC would benefit from public comments.

Another Agency’s Public Notice
Upon a filer’s request, the OCC may accept the public notice required by another federal
agency to satisfy the filer’s public notice requirements for its OCC filing. The public notice
must adequately satisfy the OCC’s requirements and state that comments must be submitted
to the OCC and, if applicable, the other federal agency.26

Weekly Bulletin
The OCC publishes in its Weekly Bulletin report all filings subject to public notice and
other filings received or acted on each week. Although the Weekly Bulletin indicates the
public comment period end date for filings that require public notice, it does not satisfy the
filer’s public notice requirement.

Notification Upon Request
The public may request OCC notification of filings for a specific bank that require
consideration of that bank’s record of performance under the CRA.27 The public should
direct the notification request to the DDL at the appropriate OCC district office that
processes filings for that bank.

Public Comment
The OCC welcomes public comments and is committed to providing the public with easy
access to public information on filings. Any person may comment in writing on any filing for
which public notice has been published.
The public may submit comments by email, mail, or fax to the appropriate DDL. If a
business combination application receives an adverse public comment, the comment, any
subsequent comments, and a copy of the public portion of the application are made available
on Regulations.gov and the “Public Comments on Applications” page of the OCC’s website.
Once the comment is available on those two websites, subsequent comments may be
submitted through Regulations.gov.
Comments should be specific and contain data or references to support conclusions or
recommendations. Specific comments help the OCC understand the matters that commenters
believe merit investigation and consideration and allow the OCC to review potential issues
more completely.
26

Refer to 12 CFR 5.8(e).

27

Refer to 12 CFR 25.29.

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The OCC is committed to processing filings and reaching decisions without unnecessary
delay. The OCC, however, also intends to provide each filing with the scope and depth of
review warranted, even if that review requires an extension of time. The OCC considers all
comments it receives within the comment period. The OCC also considers comments
received by other federal regulators processing parallel filings.
The OCC places all comments received on a filing in the official OCC file for that filing. The
OCC forwards copies of all comments it receives on a filing to the bank. When comments
relate to the bank’s performance in helping to meet community credit needs, the bank places
these comments in its CRA public file.28
A public copy of any filing is available upon request to the DDL. In addition, the OCC
makes available on its website all business combination applications for which the resulting
entity is a bank. The public can access the public copy of the application in the Freedom of
Information Act Electronic Reading Room ((FOIA RR).
In addition, during the public comment period, any person can write to the OCC and
request29
•
•
•

a copy of the public file (refer to the “Requests for Copies of Public Portion of
Applications and Notices” section of the “General Policies and Procedures” booklet of
the Comptroller’s Licensing Manual).
an extension of the public comment period (refer to the “Requests for Extension of the
Public Comment Period” section of this booklet).
that the OCC conduct a public hearing; arrange a public meeting; or arrange a private
meeting (refer to the “Meetings” and “Public Hearings” sections of this booklet).

Because of concerns over confidentiality and fairness, the OCC refrains from commenting
publicly on the merits of a filing under review. As discussed above, the OCC provides a filer
with a copy of any comment received. The OCC encourages the filer to provide any response
to both the OCC and the commenter. If the filer does not provide a copy of any response to
the commenter, the OCC will do so.

Duration of Public Comment Period
Commenters generally have 30 days from the initial date of publication of the notice of the
filing to provide written comments to the OCC.30 Under certain circumstances, such as
natural disasters or unusual transactions, the OCC may adjust a public comment period.31 If

28

Refer to 12 CFR 25.43(a)(1). The compliance date for this requirement is April 1, 2022.

29

Refer to 12 CFR 5.9-5.11.

30

Refer to 12 CFR 5.10(b)(1).

31

Refer to 12 CFR 5.10(b)(2).

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the closing date is available, the filer is required to include the filing’s comment period
closing date in the public notice.32
For de novo charters and for those business combinations subject to a public comment
period, the OCC makes the public portions of such filings available on FOIA RR. The OCC
strives to post the public portions to the FOIA RR within seven days of receipt of a filing. To
provide the public with an opportunity to review the public portion of these filings before
submitting a public comment, the OCC will consider public comments received within 30
days from the date the public portion of the filing is posted to the FOIA RR. Comments
received within that timeframe will be considered even if the filing’s comment period, based
upon the date of its public notice, has closed.

Requests for Extension of the Public Comment Period
During the public comment period, anyone may make a written request to the DDL for
additional time to submit comments. The OCC may extend any public comment period if33
•
•
•

the filer does not file all required publicly available information to permit interested
persons to review it in a timely manner or makes a request for confidential treatment not
granted by the OCC that delays the public availability of that information.
a person requesting an extension of time satisfactorily demonstrates to the OCC that
additional time is necessary to develop factual information that the OCC determines is
necessary for its consideration of the filing.
the OCC determines that other extenuating circumstances exist.

The OCC promptly notifies the filer and any interested party if it decides to extend the public
comment period.

Community Reinvestment Act
Congress enacted the CRA to require federal banking regulators to assess an institution’s
record of helping to meet the credit needs of the local communities where the institution is
chartered, consistent with safe and sound banking practices.34 Pursuant to the CRA, the OCC
periodically evaluates each bank subject to the CRA, assigns a CRA rating, and issues a
performance evaluation (PE). The OCC assigns a bank a CRA composite performance rating
of “outstanding,” “satisfactory,” “needs to improve,” or “substantial noncompliance.” CRA
PEs and ratings for OCC-regulated banks are published on the OCC’s website. Pursuant to

32

Refer to 5.8(b). For additional guidance on mergers, consolidations, and purchase and assumption
transactions, refer to the Weekly Bulletin.
33

Refer to 12 CFR 5.10(b)(2).

34

Refer to 12 USC 2901 and 2903.

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the CRA, the OCC takes into account a bank’s record of CRA performance in considering a
filing for35
•
•
•
•
•

establishing a domestic branch for insured national banks or a domestic branch or other
facility that would be authorized to take deposits for FSAs.
relocating a main office or a branch.
the merger or consolidation with or the acquisition of assets or assumption of liabilities of
an insured depository institution requiring approval under the Bank Merger Act (12 USC
1828(c)).
converting an insured depository institution to a national bank or FSA charter.
acquisitions subject to section 10(e) of the Home Owners’ Loan Act (12 USC 1467a(e)).

This record may be the basis for conditionally approving or denying a filing.36
An applicant for a new bank (other than a depository institution that has applied to convert its
charter to a bank charter) must submit a description of how it will meet its CRA objectives.
The OCC evaluates the description in considering the application.37
The OCC’s CRA information is available on the OCC website, including a quarterly list of
banks scheduled for CRA evaluation as well as completed CRA PEs.

CRA Comments Unrelated to a Filing
The OCC encourages members of the public, including community and civic organizations,
to express their views about a bank’s CRA performance to the bank and the OCC at any time.
The OCC will consider these comments when assessing a bank’s CRA performance,
consistent with the OCC’s CRA regulation.38
The CRA regulation facilitates the public’s ability to provide comments to banks and the
OCC. Under 12 CFR 25.43, every bank must maintain a public file that includes the
following:
•

•

35

All written comments received from the public for the current year and each of the
previous two calendar years that specifically relate to the bank’s performance in helping
to meet community credit needs, and any of the bank’s responses to the comments, unless
exempted.
A copy of the public section of the bank’s most recent CRA PE prepared by the OCC.

Refer to 12 CFR 25.29(a).

36

Refer to 12 CFR 25.29(d). Also, see OCC Bulletin 2017-51, “Community Reinvestment Act: Impact of CRA
Ratings on Licensing Applications.”
37

Refer to 12 CFR 25.29(b) and 195.29(b).

38

Refer to 12 CFR 25.21(b), 25.26(b), and 25.43(a).

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•
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•
•

A list of the bank’s branches, their street addresses, and geographies.39
A list of branches opened or closed during the current year and each of the previous two
calendar years, their street addresses, and geographies.
A list of services generally offered at the branches and descriptions of material
differences in the availability or costs of services at particular branches, if any.
A map of each assessment area.

CRA Comments on a Filing
The OCC considers written public comments that address a bank’s CRA performance in
connection with certain filings. These comments should have specific information about a
bank’s lending, investments, or services in one or more particular geographic areas.
Comments that provide specific details identifying and explaining issues or concerns help the
OCC evaluate these matters thoroughly as part of the decision-making process. Accordingly,
commenters are encouraged to include analyses about specific issues. The OCC forwards a
copy of all public comments to the bank and gives it an opportunity to respond. The OCC
forwards any responses to the commenter if not already provided by the bank.
There may be instances when a filer or depository institutions that are parties to a filing have
entered into CRA-related agreements that are covered agreements and reported pursuant to
12 CFR 35.
Pursuant to the CRA Sunshine provision of the OCC’s licensing rules,40 a filer is required to
•
•

disclose whether it has entered into and disclosed a covered agreement;41 and
provide summaries of, or documents relating to, all substantive discussions with respect
to the development of the content of a covered agreement that include the names of
participants, dates, and synopsis of the discussions.

Although the OCC neither monitors compliance with nor enforces these private agreements
between depository institutions and private parties, the disclosure of any covered agreements
better enables the OCC to review the filer’s CRA record and any CRA-related comments
received on the filing.

39

A bank may include information regarding the availability of alternative systems for delivering retail banking
services and any other information the bank chooses. Refer to 12 CFR 25.43(a)(5) and (a)(7).
40

Refer to 12 CFR 5.33(e)(1)(iii)(C).

41

Refer to 12 CFR 35.2, 12 CFR 35.6 and 12 CFR 35.7.

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Removal of an Application From the Expedited Review Process
Due to Receipt of a Comment
As discussed in the “General Policies and Procedures” booklet of the Comptroller’s
Licensing Manual, the OCC provides expedited review for certain filings to qualifying
national banks and FSAs.42 The OCC may extend the expedited review period or remove a
filing from expedited review if the filing, or an adverse public comment about the filing,
presents a significant supervisory, CRA (if applicable), or compliance concern, or raises a
significant legal or policy issue that requires additional OCC review.
For example, the OCC may remove a filing from expedited review for CRA issues if
•
•
•

•
•

the bank’s most recent CRA PE indicates a less than satisfactory rating for any
assessment area.
an adverse public comment is received with information that will require OCC analysis
past the expedited review period.
additional time is needed to obtain or analyze information relevant to a filing, regardless
of whether adverse public comments are filed, including information from a targeted
CRA or fair lending review or a comment raising multiple issues about a complex
proposal.
additional time is needed to schedule and hold a public or private meeting or a public
hearing.
the filer requests the removal.

The OCC notifies the bank promptly whenever the agency removes a filing from expedited
review, with a written explanation of the reasons for the decision to process it under standard
procedures.43 The OCC will not remove a filing from the expedited review process if it
determines that an adverse public comment does not raise a significant supervisory, CRA (if
applicable), or compliance concern or a significant legal or policy issue; is frivolous,
nonsubstantive, or appears to have been filed primarily to delay action on the filing; or raises
CRA concerns that the OCC determines have already been resolved satisfactorily.44
The OCC considers a comment to be nonsubstantive if it is a generalized opinion that a filing
should or should not be approved or a conclusory statement, lacking factual or analytical
support.

42

Refer to 12 CFR 5.13(a)(2). Expedited review generally means that a filing subject to a public comment
period will be considered approved as of a certain day after the close of the comment period, unless the OCC
acts sooner on the filing, formally extends the expedited review period, or removes the filing from the expedited
review process. The length of the expedited review period varies by the type of filing (see, e.g.,12 CFR 5.20(j);
12 CFR 5.30(f)(6); 12 CFR 5.33(i)).
43

Refer to 12 CFR 5.13(a)(2)(i).

44

Refer to 12 CFR 5.13(a)(2)(ii).

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The OCC considers a CRA concern to have been resolved satisfactorily if the OCC
previously reviewed (e.g., in an examination, other supervisory activity, or a prior filing
made by the current filer) a concern presenting substantially the same issue in substantially
the same assessment area during substantially the same time, and the OCC determined that
the concern would not warrant denial or imposition of a condition on approval of the
application. The OCC construes these standards narrowly. The OCC may consider a CRA
concern to be unresolved, for example, if the agency receives new information on a matter
that it reviewed previously.

Consideration of Convenience and Needs in Certain Licensing
Filings
The OCC considers the convenience and needs of the community to be served when
reviewing Bank Merger Act filings.45 The convenience and needs factor is distinguished
from the CRA requirements in that the convenience and needs analysis is prospective,
whereas the CRA requires the OCC to consider the applicant’s record of performance. The
OCC considers any plans of the resulting, combined bank to open or close branches,
particularly in low- or moderate-income areas, expand or reduce services, or provide more or
less costly services to the community.46

Meetings
The OCC considers all written information when making a decision on a filing. The OCC
also may obtain information through meetings and considers all such information in making
a decision.47 Such meetings, which are informal, should not be confused with formal public
hearings. Information on public hearings appears later in this booklet.
The OCC may arrange for a meeting either upon receipt of a written request for such a
meeting made during the public comment period or on the OCC’s own initiative if the
agency determines that written submissions are insufficient to address facts or issues raised
in the filing or otherwise determines that a meeting will benefit the decision-making
process.48 A person or group that desires to have the OCC hear oral statements relevant to a
filing should submit a written request for a meeting to the OCC during the public comment
period. The request should explain why a written submission is not sufficient. If the OCC
agrees that such a meeting is warranted, the OCC will arrange a public or private meeting.
A public meeting is advertised and open to participation or observation by all members of the
public, including individuals and community organizations. The OCC appoints a presiding
officer to arrange and preside over the public meeting, and summarizes and places in the
45

Refer to 12 CFR 5.33(e)(1)(ii).

46

Refer to 12 CFR 5.33(e)(1)(ii)(C).

47

Refer to 12 CFR 5.11(i).

48

Refer to 12 CFR 5.11(i)(1).

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official file significant information it obtains during those meetings. If warranted, to help
narrow issues or facilitate their resolution, the OCC may also arrange a private meeting with
a filer or other interested parties.49

Public Hearings
In general, the OCC relies on any written public comments in reaching a decision on a filing.
However, the OCC may hold a public hearing to clarify facts or issues about a filing and to
receive additional information that may help the agency make a decision.50 A hearing is
neither an adversarial proceeding nor a forum for the presentation or settlement of legal
arguments. All persons may participate in the hearing process. Persons challenging the
legality of a filing should submit comments separately in writing.
Before the end of the public comment period, any person may submit a written request for a
hearing on a filing. The request must describe the nature of the issues or facts to be presented
and the reasons written submissions are insufficient.51 A person requesting a hearing must
simultaneously submit a copy of the request to the filer.52 The OCC may grant or deny a
request or may limit the issues to those it deems relevant or material. The OCC generally
grants a hearing request only if the agency determines that written submissions would be
insufficient or that a hearing would otherwise benefit the decision-making process. The OCC
may order a hearing if it concludes that it would be in the public interest.53 If the OCC denies
a hearing request, the agency notifies the person requesting the hearing of the reason for the
denial.54
The OCC issues a Notice of Hearing if the agency grants a hearing request or orders a
hearing.55 The OCC sends a copy of the Notice of Hearing to the filer, to the person(s)
requesting the hearing, and anyone else requesting a copy. The Notice of Hearing states the
subject and date of the filing, the time and place of the hearing, and the issues to be
addressed. The OCC appoints a presiding officer who conducts the hearing.56 The OCC also
arranges for a hearing transcript.57
49

Refer to 12 CFR 5.11(i)(2).

50

Refer to 12 CFR 5.11(a)–(h).

51

Refer to 12 CFR 5.11(a).

52

Refer to 12 CFR 5.11(a).

53

Refer to 12 CFR 5.11(b).

54

Refer to 12 CFR 5.11(c).

55

Refer to 12 CFR 5.11(d)(1).

56

Refer to 12 CFR 5.11(d)(2).

57

A person requesting the hearing may be required to bear the cost of one copy of the transcript for their use.
Refer to 12 CFR 5.11(f).
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Any persons wishing to appear or participate must notify the appropriate OCC licensing
office of their intent to participate in the hearing within 10 days of the date the OCC issues
the Notice of Hearing.58 At least five days before the hearing, each participant must submit
the names of witnesses and one copy of each exhibit the participant intends to present to the
appropriate OCC licensing office, the filer, and any other person the OCC requires.59
Subject to the rulings of the presiding officer, the filer and participants may make opening
statements and present witnesses, materials, and data.60 A person presenting documentary
material must furnish one copy to the OCC, the filer, and each participant.61 At the filer’s or
participant’s request, the OCC may keep the hearing record open for up to 14 days following
the agency’s receipt of the transcript.62 The OCC resumes processing the filing after the
record is closed.

Public Decisions
The OCC issues a public decision when a decision represents a new or changed policy or
presents issues of general interest to the banking industry or the public.63 This includes
decisions in which a condition is imposed and enforceable under 12 USC 1818 or that
address adverse public comments related to CRA, compliance, or convenience and needs.
These decisions are posted to the OCC’s monthly publication, “Interpretations and Actions,”
on the OCC’s website.

58

Refer to 12 CFR 5.11(e).

59

Refer to 12 CFR 5.11(e).

60

Refer to 12 CFR 5.11(g)(1).

61

Refer to 12 CFR 5.11(g)(2).

62

Refer to 12 CFR 5.11(h).

63

Refer to 12 CFR 5.13(e).

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Public Notice and Comments

References
In this section, “NB” denotes that the referenced law, regulation, or issuance applies to
national banks, and “FSA” denotes that the reference applies to FSAs.
Bank Merger Act
Law

12 USC 1828(c) (NB and FSA)

Branch Closures
Law

12 USC 1831r–1 (NB and FSA)

Business Combinations
Regulation

12 CFR 5.33 (NB and FSA)

Changes in Control
Regulation

12 CFR 5.50 (NB and FSA)

Comments and Requests for Hearings and Other Meetings
Regulation
12 CFR 5.10 and 5.11 (NB and FSA)
Community Reinvestment Act of 1977
Law
Regulation

12 USC 2901–2908 (NB and FSA)
12 CFR 25 (NB and FSA)

Decisions
Regulation

12 CFR 5.13 (NB and FSA)

Definitions
Regulation

12 CFR 5.3 (NB and FSA)

Disclosure and Reporting of CRA-Related Agreements
Regulation

12 CFR 35 (NB and FSA)

Establishment and Relocation of Branches
Regulation
Home Owners’ Loan Act
Law

12 CFR 5.30 (NB) and 12 CFR 5.31 (FSA)
12 USC 1464 et seq. (FSA)

Notice of Shareholder Meeting
Law

12 USC 215a (NB)

Organizing a National Bank or Federal Savings Association
Regulation
12 CFR 5.20 (NB and FSA)

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Public Notice and Comments

Public Availability of Information
Regulation

12 CFR 5.9 (NB and FSA)

Public Notice Requirement
Regulation

12 CFR 5.8 (NB and FSA)

Relocation of a Main Office or a Home Office
Regulation
Rules of General Applicability
Regulation

12 CFR 5.2 (NB and FSA)

Voluntary Liquidation
Law
Regulation

Comptroller’s Licensing Manual

12 CFR 5.40 (NB and FSA)

12 USC 182 (NB)
12 CFR 5.48 (NB and FSA)

15

Public Notice and Comments

Table of Updates Since Publication
Date of Last Publication: November 2017
Reason

Affected pages

Policy changes

3, 7

Clarifying language

Various

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Public Notice and Comments