Database Search Results
The statute specifically instructs the NCUA Board to create regulations regarding its conduct as conservator or liquidating agent, including how it handles claims and protects insured deposits. The language “as the Board determines to be appropriate” doesn’t negate the specific subject matter; it grants discretion within the scope of conservatorship and liquidation activities.
The statute provides specific instructions and authority to the NCUA Board regarding oversight and enforcement actions, including termination of insurance, cease and desist orders, removal of officials, and the creation of regulations related to certain activities (like golden parachute payments and foreign investigations). Although the language sometimes uses terms like “appropriate” or “necessary,” these are within the context of clearly defined regulatory tasks.
While specific subsections of 12 U.S. Code § 1786 grant specific powers, the overall statute provides broad rulemaking and enforcement authority to the NCUA Board to ensure the safety and soundness of insured credit unions. It sets goals (e.g., safety and soundness) and provides tools, but doesn’t dictate specific rules or regulations to meet those goals except in a few limited areas such as 1786(q). This is best characterized as General Authority.
The statutes cited as authority (12 U.S.C. 1757, 1766(a), 1781-1790, and 1790d) in 12 CFR Part 741 provide broad authority to regulate federal credit unions and the insurance of credit unions. These statutes do not specify particular regulatory tasks related to insurance requirements, interest rate risk, or loan workouts.
The statute provides broad rulemaking authority, stating the Board may prescribe “such regulations as the Board determines to be appropriate”. There is no specific regulatory task or gap identified.
While some parts of the statute lay out specific authorities, subsection (b)(1) states “The Board may prescribe such regulations as the Board determines to be appropriate regarding the conduct of the Board as conservator or liquidating agent.” This confers broad rulemaking authority without specifying particular regulatory tasks, and I am instructed to classify hybrid delegations as “General Authority.”
While broad in scope (covering a range of actions), 12 U.S. Code § 1786 provides specific instructions and guidance to the NCUA Board. It lays out particular violations, circumstances, and procedures for the Board to follow when addressing problems at insured credit unions and with affiliated parties. The presence of specific tasks and procedural instructions overrides the ‘general authority’ designation. The use of terms such as ‘appropriate’ further support the categorization as Specific Authority.
This statute provides clear and specific instructions to the NCUA Board. For instance, it dictates the process for terminating insurance, issuing cease and desist orders, and removing officials, including the procedures for notice, hearings, and judicial review. Subsections (e)(3)(A) and (F) uses “appropriate” as an open-ended term.
This is a specific delegation because it instructs the Board to issue regulations related to compliance with a specific law (subchapter II of chapter 53 of title 31). While the phrasing includes “reasonably designed,” indicating some discretion, the task itself is clearly defined.
While comprehensive in its scope of covering terminations, conservatorships, c&d orders, and more, Section 1786 lays out specific circumstances in which the agency must or may act. The statute uses directive language, e.g., “the Board shall serve,” “the Board may issue,” and sets forth the factors the Board needs to consider as part of its directives. Furthermore, in many instances, the statute details specific procedures that the Board must follow, such as providing written notice, conducting hearings, and allowing for judicial review. These are all signs of a specific authority delegation, as the agency discretion has been targeted to a particular regulatory task and cabined by clear instructions. Even where terms such as “appropriate” are used (e.g., “take such other action as the Board determines to be appropriate.”) these appear within the context of specific actions to correct specific deficiencies and thus qualify as part of a specific authority delegation.
12 U.S.C. § 1786 clearly instructs the NCUA on its regulatory tasks regarding the termination of insured credit union status, cease and desist orders, and removal/suspension of officers. The delegation uses terms like “shall,” “may,” and “appropriate,” indicating clear guidance even with some flexibility. It identifies specific regulatory tasks and gaps and provides the agency with the authority to address them.
This statute gives the NCUA Board specific instructions on what actions it can take, under which circumstances, and defines the procedures for doing so. For example, it dictates procedures for terminating insurance status, issuing cease and desist orders, and removing officials. While open-ended terms like “appropriate” are used, they fall within the “Specific Authority Delegations” category as outlined by Hickman because they instruct the agency to act on a specific task.
This statute provides specific instructions to the NCUA Board regarding the termination of insurance, issuing cease and desist orders, and removing or suspending officials. While some discretion is afforded to the Board in determining the appropriate course of action based on the specific circumstances, the statute identifies specific regulatory tasks and actions the agency is authorized to take, such as prescribing regulations for compliance with monetary transaction recordkeeping and report requirements (subsection q). It also directs the Board to regulate specific forms of benefits to institution-affiliated parties (subsection t). While it does use terms like “appropriate,” the specificity of the actions and tasks leans towards “Specific Authority” because it is clearly instructing the agency.
While 12 U.S. Code § 1786 is lengthy, it is not broad as in general rulemaking authority. The statute clearly instructs the NCUA Board on specific regulatory tasks, such as terminating insurance, issuing cease and desist orders, and appointing conservators, and under what conditions these tasks should be carried out. It provides a structured framework for addressing issues related to insured credit unions. The statute uses open-ended terms like “appropriate” (e.g., in affirmative action requirements) but these occur in a defined context with clear instructions on the goal.
This statute provides very specific instructions and guidelines to the NCUA Board concerning actions it must take in situations related to credit union insurance, safety, and soundness. For example, the statute outlines specific procedures for terminating insurance, issuing cease and desist orders, and removing individuals from office. This level of detail is indicative of a specific authority delegation.
This statute clearly instructs the NCUA Board on specific regulatory tasks. For example, it outlines the conditions under which the Board must issue a notice of intention to terminate insurance status (subsection (v)(1)(A)(ii)), and the factors the Board must consider in determining whether to terminate insurance (subsection (v)(2)). It also directs the Board to prescribe regulations regarding specific activities, such as compliance with monetary transaction recordkeeping requirements (subsection (q)(1)). Even when the Statute uses open-ended terms like “appropriate” to provide for flexibility.
Subsection (a) provides specific instruction on a regulatory task: prescribing regulations governing signs relating to share account insurance. While the language gives the Board discretion in the specifics (“governing the substance of signs,” “manner of display,” etc.), it clearly defines the regulatory task, thus falling under Specific Authority. Subsection (e) tasks the Board with specific standards related to security devices, including establishing time limits and requiring reports.
The statute clearly instructs the Board on the specific regulatory task: prescribing regulations governing the substance, display, and use of signs related to share account insurance at insured credit unions. The language “in accordance with regulations to be prescribed by the Board” coupled with the subsequent specification of required elements (statement to be included) demonstrates clear instruction on a specific regulatory task.
The statute clearly instructs the Board on a specific regulatory task: prescribing regulations for displaying insurance signs. While the language allows for discretion in the specifics (“regulations governing the substance of signs required by paragraph (1) and the manner of display or use of such signs”), it is still a targeted direction and does not provide overly broad authority beyond this specific topic.
The statute specifically instructs the Board to create regulations for how insured credit unions should display signs related to deposit insurance, as well as regulations for security standards, share draft accounts, and rules concerning individuals with criminal offenses involving dishonesty. It is a specific instruction on a regulatory task.
While the statute is extensive, it specifically instructs the NCUA Board on particular regulatory tasks and gaps, for example, the procedures to terminate insurance status or to regulate golden parachute payments. The statute does not simply give broad authority; it provides explicit guidance regarding the actions the agency can and should take in specific situations. It often uses terms like “appropriate” and “necessary” in directing the Board’s actions.
The statute specifically directs the Board to determine compliance with the national flood insurance program. It is further tasked with reporting its findings to Congress. This falls squarely within the definition of a specific authority delegation, as it is clearly instructing the agency on a specific regulatory task, in this case, flood insurance compliance.
Although the statute contains provisions with some broad authority, for example, in areas of mergers and emergency actions, the provisions to prescribe regulations in (a), (e), and (f) provide instructions on specific regulatory tasks. Subsection (a) specifies the substance and manner of display of signs, (e) specifies minimum security standards and reporting requirements, and (f) specifies rules and regulations regarding share draft accounts. The statute also uses key words like “shall” when delegating authority to the Board to perform regulatory actions.
The statute instructs the agency on the specific regulatory tasks. For example, in subsection (a), the statute specifies that the Board is to prescribe regulations regarding the content, manner of display, and use of signs indicating share account insurance. Similarly, subsection (e) directs the Board to promulgate rules establishing minimum security standards for insured credit unions. These are not broad grants of authority, but specific tasks related to insured credit unions.
While section (a) is very prescriptive, the statute uses the term, “in accordance with regulations to be prescribed by the Board”. The statute clearly instructs the agency on a specific regulatory task (signage requirements) and provides specific parameters (relating to insurance of share accounts). It even uses open-ended terms such as, “regulations governing the substance of signs required by paragraph (1) and the manner of display or use of such signs.” Therefore, the agency has specific instructions on a specific regulatory task.