---
kind: "section"
citation: "12 C.F.R. § 367.20"
title: "12"
number: "367.20"
heading: "Review and reconsideration of Ethics Counselor decisions."
url: "https://uscodex.org/cfr/12/367.20"
---

# §367.20. Review and reconsideration of Ethics Counselor decisions.

- (a) **Review.**
  - (1) A suspended and/or excluded contractor may appeal the exclusion decision to the Corporation Ethics Committee.
  - (2) In order to avail itself of the right to appeal, a suspended and/or excluded contractor must file a written notice of intent to appeal within 5 days of the Ethics Counselor's decision.
  - (3) The appeal shall be filed in writing within 30 days of the decision.
  - (4) The Corporation Ethics Committee, at its discretion and after determining that it is in the best interests of the FDIC, may stay the effect of the suspension and/or exclusion pending conclusion of its review of the matter.
- (b) **Reconsideration.**
  - (1) A suspended and/or excluded contractor may submit a request to the Ethics Counselor to reconsider the suspension and/or exclusion decision, reduce the period of exclusion or terminate the suspension and/or exclusion.
  - (2) Such requests shall be in writing and supported by documentation that the requested action is justified by:
    - (i) Reversal of the conviction or civil judgment upon which the suspension and/or exclusion was based;
    - (ii) Newly discovered material evidence;
    - (iii) Bona fide change in ownership or management;
    - (iv) Elimination of other causes for which the suspension and/or exclusion was imposed; or
    - (v) **Other reasons the FDIC Ethics Counselor deems appropriate.**
  - (3) A request for reconsideration based on the reversal of the conviction or civil judgment may be filed at any time.
  - (4) Requests for reconsideration based on other grounds may only be filed during the period commencing 60 days after the Ethics Counselor's decision imposing the suspension and/or exclusion. Only one such request may be filed in any twelve month period.
  - (5) The Ethics Counselor's decision on a request for reconsideration is subject to the review procedure set forth in [paragraph (a)](#a) of this section.

## Notes

### Authority

Authority: 12 U.S.C. 1822(f) (4) and (5).

### Source

Source: 61 FR 68560, Dec. 30, 1996, unless otherwise noted.