C.F.R. » Title 12 » CHAPTER I—COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY › PART 5—RULES, POLICIES, AND PROCEDURES FOR CORPORATE ACTIVITIES › Subpart A—Rules of General Applicability

12 C.F.R. § 5.10

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(a) Submission of comments. During the comment period, any person may submit written comments on a filing to the appropriate OCC licensing office.

(b) Comment period—(1) In general. Unless otherwise stated, the comment period is 30 days after publication of the public notice required by § 5.8(a). If a new public notice is required under § 5.8(g), the OCC may require a new comment period of up to 30 days after publication of the new public notice.

(2) Extension. The OCC may extend a comment period if:

(i) The filer fails to file all required publicly available information on a timely basis to permit review by interested persons or makes a request for confidential treatment not granted by the OCC that delays the public availability of that information;

(ii) Any 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 to consider the filing; or

(iii) The OCC determines that other extenuating circumstances exist.

(3) Filer response. The OCC may give the filer an opportunity to respond to comments received.

[80 FR 28414, May 18, 2015, as amended at 85 FR 80436, Dec. 11, 2020]
Notes of Decisions
Cited in 8 cases, 1975–1989 · leading case: Montgomery Nat'l Bank v. Clarke, 703 F. Supp. 1161 (D.N.J. 1989).
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Montgomery Nat'l Bank v. Clarke, 703 F. Supp. 1161 (D.N.J. 1989). · cites it 3× “12 C.F.R. § 5.10 (1988) (emphasis added).”
Connelly v. Comptroller of the Currency, 673 F. Supp. 1419 (S.D. Tex. 1987). · cites it 2× “Banks and Banking, 12 C.F.R. § 5.10 (1984). The regulations further provide that, once an application is rejected, the Comptroller must entertain requests to reconsider its disapproval.”
Washington v. Off. of the Comptroller of the Currency, 856 F.2d 1507 (11th Cir. 1988). · cites it 5× “12 C.F.R. § 5.10 (a). Also within 30 days after notice by publication, any person may submit a written request for a hearing on an application.”
Sec. Bank & Trust Co. v. Heimann, 452 F. Supp. 776 (M.D.N.C. 1978). · cites it 5× “The procedures •followed are found in 12 C.F.R. § 5.10 and discussed in note 3, infra.”
City Nat'l Bank v. James E. Smith, Comptroller of Currency of the United States, Meadowbrook Nat'l Bank, 513 F.2d 479 (D.C. Cir. 1975). “But see 12 C.F.R. § 5.10 (a) (1974). 11 . The only supporting evidence offered was a two-page affidavit, dated more than a month prior to the hearing, by Earl R.”
Bank of North Shore v. Fed. Deposit Ins., 743 F.2d 1178 (7th Cir. 1984). “His power to do so, although not explicit, may be implied despite the inapplicability to the CBCT approval process of a provision granting a post-denial fourteen-day comment period.”
Fisher v. Steelville Cmty. Banc-shares, Inc., 713 S.W.2d 850 (Mo. Ct. App. 1986). “12 C.F.R. § 5.10 provides for the submission of written comments and data concerning the application to the comptroller.”
Vial v. First Com. Corp., 564 F. Supp. 650 (E.D. La. 1983). · cites it 2× “10 provides that written requests for a hearing are to be submitted to the Regional Office within the three week period following the date of the last published notice of the application.”
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