| (a) If the department does not process your registration
within the time periods specified in §35.18 of this title, you
may file a written complaint with the banking commissioner. The complaint
must set out the facts regarding the delay and the specific relief
you seek. The department must receive your complaint on or before
the 30th day after the date the commissioner approves or denies your
registration.
(b) The department division responsible for complying
with the applicable time period must submit a written response to
the banking commissioner regarding your complaint that includes any
facts on which the division relies to show that good cause existed
for exceeding the applicable time period.
(c) The banking commissioner will review your written
complaint and the division's response. If the commissioner deems it
necessary, a hearing may be held to take evidence on the matter.
(d) The banking commissioner will determine, based
upon your complaint and the division's response, if the department
exceeded the applicable time period and, if so, whether the responsible
division established good cause for the delay.
(e) The banking commissioner will notify you of the
decision regarding your complaint on or before the 60th day after
the date the commissioner receives your written complaint. The commissioner's
decision is final and may not be appealed.
(f) If the banking commissioner decides that the department
exceeded the applicable time period without good cause, the department
will reimburse you all of your registration fees.
(g) A decision in your favor under this section does
not affect any decision by the banking commissioner to grant or deny
your registration. The decision to grant or deny your registration
is based upon applicable substantive law without regard to whether
the department timely processed your registration.
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