Exam Problems? Know Your Rights

CU Bill of Rights is based on the NCUA Examiner’s Guide.

January 19, 2011
KEYWORDS credit , examiner , unions
/ PRINT / ShareShare / Text Size +

Twenty-four examination rights

According to “Supervisory Issues and Examinations: Guidance for Credit Unions During the Current Economic Times and Beyond,” credit unions have the right to:

  1. Manage risk without being directed by examiners to eliminate it.
  2. Receive respectful conduct from their examiner.
  3. Be examined by well-trained, competent examiners who understand credit unions’ unique characteristics.
  4. Meet and discuss examiner findings, conclusions, directives, and administrative actions with the examiner.
  5. Question and seek corrections to examiner findings, conclusions, and directives.
  6. Provide alternative and/or additional data, conclusions, and solutions to address problems identified by the examiner.
  7. Know the specific authority or legal basis for an examiner’s directive.
  8. Receive clearly written examination reports, notices, etc., on a timely basis.
  9. Receive exam reports, findings, directives, and administrative actions that are based on all relevant facts.
  10. Be evaluated on their own strengths and weaknesses, not solely on the basis of regulator concerns about trends.
  11. Be evaluated for progress toward objectives that are realistic and achievable, and proportionate to the risk presented.
  12. Receive examination findings and directives that are risk prioritized.
  13. Appeal examiner findings, conclusions, or directives without retaliation from their regulator.
  14. Have instructions, detailed on every exam report form, about how to appeal examiner decisions.
  15. Record meetings with examiners and other agency personnel.
  16. Have a representative, such as an attorney, present during meetings with the examiner and other regulatory personnel.
  17. Have any published orders—such as consent orders—address only facts and not conjecture or speculation by the examiner.
  18. Have confidential, non-discoverable communications with their legal counsel regarding examination issues.
  19. Develop and use “high-level” policies, which should be separate and distinct from detailed procedures.
  20. Have a lead examiner that is state or federal, consistent with the credit union’s charter type.
  21. Know the timing of when NCUA will publish a Letter of Understanding and Agreement.
  22. Defer to their CPA if there is a disagreement between the officials and their regulator regarding issues related to U.S. generally accepted accounting principles.
  23. Have communication (i.e., discussion of draft findings) with their examiner prior to final issuance of the examination report.
  24. Have directives from examiners (including verbal and written comments) be consistent with regulatory requirements, policies, and Letters to Credit Unions. For example, there were inconsistencies noted between how examiners treated the assessment’s effect on credit union earnings and an NCUA letter to credit unions on the subject.

Post a comment to this story


What's Popular

Popular Stories

Recent Discussion

Great article! Unfortunately, most employees don’t feel valued or appreciated by their supervisors or employers. In fact, research has shown that the predominant reason team members quit their jobs is because they don’t feel valued. This is in spite of the fact that employee recognition programs have proliferated in the workplace – over 90% of all organizations in the U.S. has some form of employee recognition activities in place. But most employee recognition programs are viewed with skepticism and cynicism – because they aren’t viewed as being genuine in their communication of appreciation. Getting the “employee of the month” award, receiving a certificate of recognition, or a “Way to go, team!” email just don’t get the job done. How do you communicate authentic appreciation? We have found people have different ways that they want to be shown appreciation, and if you don’t communicate in the language of appreciation important to them, you essentially “miss the mark”. Additionally, employees need to receive recognition more than once a year at their performance review. Otherwise, they view the praise as “going through the motions”. A third component of authentic appreciation is that the communication has to be about them personally – not the department, not their group, but something they did. Finally, they have to believe that you mean what you say. How you treat them has to match the words you use. If you are not sure how your team members want to be shown appreciation, the Motivating By Appreciation Inventory ( will identify the language of appreciation and specific actions preferred by each employee. You then can create a group profile for your team, so everyone knows how to encourage one another. Remember, employees want to know that they are valued for what they contribute to the success of the organization. And communicating authentic appreciation in the ways they desire it can make the difference between keeping your quality team members or having a negative work environment that everyone wants to leave. Paul White, Ph.D., is the co-author of The 5 Languages of Appreciation in the Workplace with Dr. Gary Chapman.

Your Say: Who should be Credit Union Magazine's 2014 CU Hero of the Year?

View Results Poll Archive