12 U.S.C. 1786(w).
70 FR 72703, Dec. 7, 2005, unless otherwise noted.
§ 796.1 What is the purpose and scope of this part?
This part identifies those National Credit Union Administration (NCUA) employees who are subject to the special, post-employment restrictions in section 1786(w) of the Act and implements those restrictions as they apply to NCUA employees.
§ 796.2 Who is considered a senior examiner of the NCUA?
For purposes of this part, an NCUA employee is considered to be the “senior examiner” for a federally insured credit union if the employee—
(a) Has been authorized by NCUA to conduct examinations or inspections of federally insured credit unions on behalf of NCUA;
(b) Has continuing, broad, and lead responsibility for examining or inspecting that federally insured credit union;
(c) Routinely interacts with officers or employees of that federally insured credit union; and
(d) Devotes a substantial portion of his or her time to supervising or examining that federally insured credit union.
§ 796.3 What special post-employment restrictions apply to senior examiners?
(a) Senior examiners of federally insured credit unions. An officer or employee of the NCUA who performs work (onsite or offsite) as the senior examiner of a federally insured credit union for a total of two or more months during the last 12 months of individual's employment with NCUA may not, within one year after leaving NCUA employment, knowingly accept compensation as an employee, officer, director, or consultant from that credit union.
(b) Example. An NCUA resident corporate credit union examiner assigned to work at a federally insured, corporate credit union for two or more months during the last 12 months of that individual's employment with NCUA will be subject to the one-year prohibition of this section.
§ 796.4 When do these special restrictions become effective and may they be waived?
The post-employment restrictions in section 1786(w) of the Act and §796.3 do not apply to any current or former NCUA employee, if:
(a) The individual ceased to be an NCUA employee on or before December 17, 2005; or
(b) The Chairman of the NCUA Board certifies in writing and on a case-by-case basis that granting the senior examiner a waiver of the restrictions would not affect the integrity of the NCUA's supervisory program.
§ 796.5 What are the penalties for violating these special post-employment restrictions?
(a) Penalties under section 1786(w)(5) of the Act. An NCUA senior examiner who violates the post-employment restrictions set forth in §796.3 can be:
(1) Removed from participating in the affairs of the relevant credit union and prohibited from participating in the affairs of any federally insured credit union for a period of up to five years; and, alternatively, or in addition,
(2) Assessed a civil monetary penalty of not more than $250,000.
(b) Other penalties. The penalties in paragraph (a) of this section are not exclusive, and a senior examiner who violates the restrictions in §796.3 also may be subject to other administrative, civil, and criminal remedies and penalties as provided in law.
§ 796.6 What other definitions and rules of construction apply for purposes of this part?
For purposes of this part, a person shall be deemed to act as a “ consultant ” for a federally insured credit union or other company only if the person works directly on matters for, or on behalf of, such credit union.