Incompetence in the representation of a client's rights and interests in a significant matter before the OCC is grounds for suspension or debarment. The term “incompetence” encompasses conduct that reflects a lack of the knowledge, judgment, and skill that a professional would ordinarily and reasonably be expected to exercise in adequately representing the rights and interests of a client. Such conduct includes, but is not limited to:
(a) Handling a matter that the individual knows or should know that they are not competent to handle, without associating with a professional who is competent to handle such matter;
(b) Handling a matter without adequate preparation under the circumstances; or
(c) Neglect in a matter entrusted to him or her.
authority: 5 U.S.C. 504,
554;
12 U.S.C. 93,
93a,
161,
164,
481,
504,
1462a,
1463,
1464; 1467(d), 1467a(r), 1817(j), 1818, 1820, 1831m, 1831o, 1832, 1884, 1972, 3102, 3108, 3110, 3349, 3909, 4717, and 5412(b)(2)(B);
15 U.S.C. 78
source: 88 FR 89842, Dec. 28, 2023, unless otherwise noted.
cite as: 12 CFR 19.195