The availability of an appeal of an NCUA examination to an administrative law judge and then to the FFIEC's ombudsman may not be the panacea that credit unions seem to assume.
Section 3 of HR 3461 provides that the ombudsman would determine the "merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge," and that the evidentiary hearing before the administrative law judge would be conducted under the procedures set forth in the Administrative Procedures Act, including the burden of proof and the receipt of testimony and exhibits.
The ALJ would recommend to the ombudsman "what determination should be made," and the ALJ, in making that recommendation, "shall not defer to the opinions of the examiner or agency but shall independently determine the appropriateness of the agency's decision."
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