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Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3346
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute specifically allows states to establish appraiser certifying agencies to address the availability and supervision of appraisers in federally related transactions and later adds duties regarding Appraisal Management Companies. While the specific details of how to achieve effective supervision are left to the agency (implying some discretion), the regulatory task is clearly identified. The statute directs the state to address a specific gap.

Relationship: authorized but not mandated
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The statute, 12 U.S.C. § 3346, states that “a State may establish a State appraiser certifying and licensing agency.” The word “may” indicates authorization, not a mandate. Therefore, states are authorized, but not required, to establish these agencies. Regulations would likely clarify the requirements for such state agencies if established.

Regulation: 12 CFR Part 263
Authorizing Statute: 12 U.S. Code § 334
Agency: Federal Reserve System
Restrictions: 482
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Board to prescribe the form and content of reports from affiliates, tailored to disclose relations between the affiliate and the bank and inform the Board about the effects of those relations on the bank’s affairs. This goes beyond simply granting rulemaking authority.

Relationship: directly mandated
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The statute directly mandates the Board of Governors of the Federal Reserve System to prescribe the form of reports from affiliates and the information to be disclosed. The regulation includes 12 U.S.C. § 334 in its authority citation, demonstrating a direct link.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3340
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute provides a specific regulatory task: establishing appraisal standards. While the statute uses general terms like “standards,” it clearly directs the agency to fill a specific gap in regulation concerning appraisal practices, making it a Specific Authority delegation.

Relationship: directly mandated
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12 U.S. Code § 3340 mandates the establishment of appraisal standards within a specified timeframe. 12 CFR Part 208, specifically Subpart E, addresses real estate lending, appraisal standards, and appraisal management companies, directly implementing the statutory mandate.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3340
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute identifies a specific regulatory task (establishing appraisal standards) and mandates its completion within a defined timeframe. While the statute doesn’t detail how the standards should be established, it clearly identifies the what and when, fulfilling the criteria for a Specific Authority Delegation. The phrase “appraisal standards established under this chapter” further limits agency discretion by anchoring the standards to the broader context of the relevant chapter of the US Code, indicating a more targeted delegation.

Relationship: directly mandated
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The statute directly mandates the establishment of appraisal standards, specifying a timeframe for proposal and adoption. The regulation, specifically Subpart G, directly implements these standards within the context of bank holding companies.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3341
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the agencies to prescribe regulations regarding which categories of federally related transactions should be appraised by state-certified versus state-licensed appraisers. This falls under Specific Authority because it targets a clear, specific regulatory task. It does not give agencies unfettered discretion, and even includes the “safety and soundness” and “reasonable protection for consumers” standards.

Relationship: directly mandated
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12 U.S.C. § 3341(a) states that Federal financial institutions regulatory agencies “shall prescribe, in accordance with sections 3342 and 3343 of this title, which categories of federally related transactions should be appraised by a State certified appraiser and which by a State licensed appraiser.” This language directly mandates regulatory action. Subsection (b) also grants authority to “establish a threshold level,” further linking the statute to regulation. 12 CFR Part 208 Subpart E deals specifically with appraisal standards, thus directly implementing the statute.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3341
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute specifically directs the agencies to prescribe regulations regarding which categories of federally related transactions require state-certified or state-licensed appraisers. This is not a broad grant of authority, but a directive focused on a particular task and scope.

Relationship: directly mandated
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12 U.S.C. § 3341(a) explicitly states that Federal financial institutions regulatory agencies “shall prescribe, in accordance with sections 3342 and 3343 of this title, which categories of federally related transactions should be appraised by a State certified appraiser and which by a State licensed appraiser under this chapter.” This directly mandates a regulatory action.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3339
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute instructs the agency on a specific regulatory task: prescribing appraisal standards for federally related transactions. It even details minimum requirements. While using terms like “appropriate,” the directive is clearly defined.

Relationship: directly mandated
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12 U.S.C. § 3339 directly mandates federal financial institutions regulatory agencies to prescribe appropriate standards for real estate appraisals in connection with federally related transactions.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 334
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Board to create rules regarding the content, frequency, and form of reports from bank affiliates. The statute specifies the regulatory task: obtaining reports from affiliates to understand their relationship with member banks. While there’s discretion in what information is “necessary,” the statute directs the Board to fill a specific regulatory gap.

Relationship: directly mandated
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12 U.S.C. § 334 directly mandates the Board of Governors of the Federal Reserve System to prescribe the form of reports from affiliates of member banks, the frequency of such reports (at least three times per year), and the information required to be disclosed in those reports. It also directs the Board to determine whether additional reports are necessary and to prescribe the form of those additional reports.

Regulation: 12 CFR Part 217
Authorizing Statute: 12 U.S. Code § 334
Agency: Federal Reserve System
Restrictions: 1,398
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Board of Governors of the Federal Reserve System to prescribe the form of the report, the officer responsible for verifying the reports, and the information it should contain. The phrase, “in such form as the Board of Governors of the Federal Reserve System may prescribe,” indicates a specific regulatory task.

Relationship: directly mandated
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The statute explicitly directs member banks to obtain reports from their affiliates and furnish them to the Federal Reserve Bank and the Board of Governors. It also grants the Board of Governors the authority to prescribe the form and content of these reports, meaning regulations are directly mandated to specify the reporting requirements.

Regulation: 12 CFR Part 240
Authorizing Statute: 12 U.S. Code § 334
Agency: Federal Reserve System
Restrictions: 170
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Board of Governors to prescribe the form of reports, the information to be disclosed, the timing of the reports, and even allows them to request additional reports as necessary. This constitutes specific regulatory tasks.

Relationship: directly mandated
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The statute directly mandates the Board of Governors of the Federal Reserve System to prescribe the form and content of reports from bank affiliates and requires member banks to obtain and furnish these reports.

Regulation: 12 CFR Part 252
Authorizing Statute: 12 U.S. Code § 334
Agency: Federal Reserve System
Restrictions: 844
Delegation Category: Specific Authority checkmark icon

While the statute doesn’t outline specific data points to be reported, it clearly instructs the Board on a specific regulatory task – obtaining reports from bank affiliates. It gives the Board the authority to prescribe the form and content of the reports, using language like “in such form as the Board…may prescribe” and information that “in the judgment of the Board…shall be necessary to disclose fully the relations between such affiliate and such bank…”

Relationship: directly mandated
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The statute explicitly states that banks “shall obtain…and furnish to the Federal reserve bank…and to the Board of Governors of the Federal Reserve System not less than three reports during each year. Such reports shall be in such form as the Board of Governors of the Federal Reserve System may prescribe…” This constitutes a direct mandate.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3337
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary of the Treasury to pay a one-time fee and then outlines how the Appraisal Subcommittee should be funded thereafter through registry fees, providing specific guidance on funding mechanisms related to appraisal activities. Furthermore, the citation to 12 U.S.C. 3331-3351 in the regulatory authority demonstrates a specific linkage to the appraisal standards outlined in Subpart G, thus demonstrating a specific authority.

Relationship: authorized but not mandated
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The statute authorizes the collection of registry fees (Section 3338 and 3351(b)) to fund the Appraisal Subcommittee, which implies authorization but not a mandate for specific regulations, rather leaving it to the agency to develop such a registry fee collection process.

Regulation: 12 CFR Part 1102
Authorizing Statute: 12 U.S. Code § 3338
Agency: Federal Financial Institutions Examination Council
Restrictions: 263
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the agency to collect fees from appraisal management companies and allows for adjustments to those fees within defined parameters (“$25 multiplied by…” with discretion to adjust up to $50, or $80 for individuals, subject to Council approval, and consideration of inflation). It provides specific direction on how to calculate these fees for companies of different ages.

Relationship: directly mandated
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12 U.S.C. § 3338(a)(4)(B) is explicitly cited in the authority section of 12 CFR Part 1102, indicating a direct mandate to regulate.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3338
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Appraisal Subcommittee on particular regulatory tasks, such as adjusting registry fees, considering inflation, providing flexibility to states, and establishing a minimum annual registry fee for appraisal management companies. While there’s some discretion afforded to the Subcommittee (e.g., “necessary to carry out the Subcommittee”™s functions”), the statute clearly identifies the regulatory gaps and specific tasks.

Relationship: directly mandated
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12 U.S. Code § 3338 directly mandates specific actions by the states (transmitting rosters and reports, collecting fees) and provides authority to the Appraisal Subcommittee to adjust fees and develop policies related to grants to state agencies. These regulations are directly mandated by the statute.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3338
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute grants specific authority to the Appraisal Subcommittee regarding setting and adjusting registry fees for appraisers and appraisal management companies, considering inflation, providing flexibility to states, and setting minimum annual fees. While there is some discretion involved, the statute clearly defines the parameters of this authority and the objectives it should serve. The legislation directs the agency regarding explicit regulatory tasks.

Relationship: directly mandated
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12 U.S.C. § 3338 directly mandates specific actions by the states and authorizes the Appraisal Subcommittee to collect and adjust fees and develop policies related to grants to state appraiser certifying and licensing agencies. These actions are required to implement the chapter effectively, indicating a direct mandate.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3339
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute provides specific instructions to the agencies regarding the content of the required appraisal standards, including the use of generally accepted appraisal standards, written appraisals, and compliance reviews. It also allows for additional standards if needed to carry out statutory responsibilities.

Relationship: directly mandated
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The statute directly mandates that federal financial institutions regulatory agencies prescribe appropriate standards for real estate appraisals, specifying minimum requirements.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3335
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute provides rulemaking authority but explicitly limits the scope of permissible regulation to “temporary practice, national registry, information sharing, and enforcement.” These are specific regulatory tasks identified by the statute, qualifying as a specific authority delegation.

Relationship: directly mandated
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The statute explicitly states that the Appraisal Subcommittee may “prescribe regulations” and specifies areas in which these regulations can be issued: “temporary practice, national registry, information sharing, and enforcement.” This constitutes a direct mandate to regulate, even though the agency retains discretion within those specified areas.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3335
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the agency (Appraisal Subcommittee) on specific regulatory tasks, namely temporary practice, national registry, information sharing, and enforcement, within the broader context of appraisal standards for federally related transactions. It doesn’t just give general authority; it identifies precisely what areas the agency can regulate.

Relationship: directly mandated
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The statute explicitly authorizes the Appraisal Subcommittee to prescribe regulations regarding specific functions like temporary practice, national registry, information sharing, and enforcement. This direct authorization establishes a directly mandated relationship. Subpart G of the regulation specifically addresses “Appraisal Standards for Federally Related Transactions,” which falls squarely within the authorized functions.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3336
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs an agency to prescribe appraisal standards and requirements for using certified and licensed appraisers in federally related transactions. This falls under Kristin Hickman’s “Specific Authority” delegation as it explicitly instructs the agency on a particular regulatory task, despite the use of open-ended terms.

Relationship: directly mandated
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12 U.S.C. § 3336 directly mandates the prescription of appraisal standards and requirements for using certified and licensed appraisers in federally related transactions. It specifies that these standards and requirements “shall be prescribed” according to the procedures in 5 U.S.C. § 553. Subpart E of 12 CFR Part 208 concerns real estate lending, appraisal standards, and minimum requirements for appraisal management companies, directly implementing the statutory mandate to establish these standards.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3336
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs an agency (likely the Federal Reserve, given that the regulation is Reg Y) on a specific regulatory task: establishing appraisal standards and requirements for federally related transactions. This fits the definition of a Specific Authority Delegation.

Relationship: directly mandated
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The statute 12 U.S.C. § 3336 directly mandates the prescription of appraisal standards and requirements for using State certified and licensed appraisers in federally related transactions. This is explicitly stated within the statute.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3337
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute specifically instructs the Secretary of the Treasury to make a one-time payment and then authorizes funding through registry fees collected from certified and licensed appraisers. It refers to specific tasks and funding mechanisms tied to sections 3338 and 3351(b). This degree of specificity puts it under “Specific Authority.”

Relationship: authorized but not mandated
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12 U.S.C. § 3337 authorizes funding for the Appraisal Subcommittee through registry fees collected under sections 3338 and 3351(b). While it mandates an initial payment, it does not mandate regulations, instead authorizing funding from registry fees. This aligns with “authorized but not mandated.”

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3333
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

While section 3333 focuses primarily on the structure and operation of the Appraisal Subcommittee, the amendment by Pub. L. 111-203 which added the requirement for meetings to be “in public session after notice in the Federal Register, but may close certain portions of these meetings related to personnel and review of preliminary State audit reports,” directs the agency on specific rulemaking for meeting practices. This qualifies it as a specific authority delegation, as it instructs the agency on a particular regulatory task (meeting procedures, federal register notices) and specifies acceptable reasons for closing the sessions.

Relationship: authorized but not mandated
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12 U.S.C. § 3333 establishes the Appraisal Subcommittee and outlines its structure and meeting procedures. While it mandates certain actions (like the Council selecting the Chairperson), it authorizes (but doesn’t mandate) further regulatory actions, such as defining the specifics of how the meetings operate or detailing the personnel matters that can be discussed in closed sessions. Part 208, including the Subpart E “Real Estate Lending, Appraisal Standards, and Minimum Requirements for Appraisal Management Companies,” touches on issues relevant to appraisals.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3333
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

While 12 U.S.C. § 3333 primarily deals with the structure and procedures of the Appraisal Subcommittee, the reference to the effective date of the amendment being contingent on the issuance of final regulations indicates specific regulatory tasks. This falls under Hickman’s Specific Authority Delegation because the statute, even indirectly, instructs the agency (likely the Federal Reserve, given the context of Regulation Y) to develop regulations related to the implementation of the 2010 amendments, especially concerning appraisal standards and review procedures. The statute also mentions Federal Register notices, implying regulatory activity concerning public notice.

Relationship: authorized but not mandated
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While 12 U.S.C. § 3333 directly establishes the Appraisal Subcommittee and outlines aspects of its operation (selection and term of the Chairperson, meeting procedures), it does not mandate the creation of regulations to govern these operations. However, the statute authorizes regulations by referencing the effective date of amendments being contingent on final regulations. Further, 12 CFR Part 225, specifically Subpart G and Subpart M, addresses appraisal standards and appraisal management companies, showing that regulations were deemed necessary to flesh out the statutory framework.

Regulation: 12 CFR Part 208
Authorizing Statute: 12 U.S. Code § 3334
Agency: Federal Reserve System
Restrictions: 572
Delegation Category: Specific Authority checkmark icon

The statute clearly instructs the Chairperson of the Appraisal Subcommittee to appoint necessary officers and staff to execute the functions of the chapter. The statute specifically focuses on a regulatory task – staffing the Appraisal Subcommittee. It uses the term “necessary” which is an open ended term to be sure, but still within the “Specific Authority Delegations” umbrella.

Relationship: authorized but not mandated
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The statute authorizes the Chairperson of the Appraisal Subcommittee to appoint officers and staff “as may be necessary” to carry out the functions of the chapter. While it authorizes the appointment, it doesn’t mandate specific regulations regarding the details of those appointments, beyond being consistent with the appointment and compensation practices of the Council. The existence of 12 CFR Part 208 implies some regulatory activity related to appraisal standards and the broader function of the Appraisal Subcommittee, supporting that the relationship is authorized but not mandated. The regulation does contain reference to statutes related to appraisal, specifically, 12 U.S.C. 3331-3351, which falls under Title XI that statute 12 U.S.C. § 3334 belongs to.

Regulation: 12 CFR Part 225
Authorizing Statute: 12 U.S. Code § 3334
Agency: Federal Reserve System
Restrictions: 949
Delegation Category: Specific Authority checkmark icon

The statute provides a specific, though open-ended, instruction to the Chairperson of the Appraisal Subcommittee: to appoint officers and staff as “necessary” to carry out the functions of the chapter. The use of “necessary” falls under the provision of allowing open-ended terms like “appropriate”, “reasonable”, or “necessary” within the Specific Authority Delegation category.

Relationship: related but neither directly mandated nor explicitly authorized
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The statute authorizes the Chairperson of the Appraisal Subcommittee to appoint officers and staff. While 12 CFR Part 225 deals with Bank Holding Companies and change in bank control, and Subpart G covers Appraisal Standards for Federally Related Transactions, it doesn’t directly mandate or explicitly authorize regulations concerning the appointment of the Appraisal Subcommittee’s staff. The statute and regulation are related in that they both pertain to banking and appraisal regulation, but the connection is indirect. The broad authority for Reg Y is from a range of statutes, and while 3331-3351 is listed, 3334 is not explicitly listed in the regulation’s authority section.

Found 56,371 results