(a) Board review.

1. (1) In determining whether to approve an exemption application filed under § 238.87, the Board will consider the extent to which the position that is the subject of the application enables a person to:

   1. (i) Participate in the major policymaking functions of the savings and loan holding company; or
   2. (ii) Threaten the safety and soundness of any insured depository institution that is controlled by the savings and loan holding company, the interests of its depositors, or the public confidence in the insured depository institution.
2. (2) The Board will also consider whether the applicant has demonstrated the person's fitness to hold the described position. Some positions may be approved without an extensive review of a person's fitness because the position does not enable a person to take the actions described in paragraph (a)(1) of this section.

(b) Factors. In making the determinations under paragraph (a) of this section, the Board will consider the following factors:

1. (1) The position;
2. (2) The amount of influence and control a person holding the position will be able to exercise over the affairs and operations of the savings and loan holding company and the insured depository institution;
3. (3) The ability of the management of the savings and loan holding company to supervise and control the activities of a person holding the position;
4. (4) The level of ownership that the person will have at the savings and loan holding company;
5. (5) The specific nature and circumstances of the criminal offense. The question whether a person who was convicted of a crime or who agreed to enter into a pretrial diversion or similar program for a crime was guilty of that crime is not relevant;
6. (6) Evidence of rehabilitation; and
7. (7) Any other relevant factor.