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21a, Texas Rules of Civil Procedure, will govern methods and manner
of authorized service and the computation of time periods under this
subsection.
(g) Hearing.
(1) Pursuant to the Finance Code, §32.203, the
banking commissioner may not be compelled to hold a hearing prior
to granting or denying approval to establish a branch.
(2) In the exercise of discretion, the banking commissioner
may consider granting a hearing on a branch application at the request
of either the applicant or a protesting party. The banking commissioner
may order a hearing even if no hearing has been requested by the parties.
A party requesting a hearing must indicate with specificity the issues
involved that cannot be determined on the basis of the record compiled
pursuant to subsection (e) of this section and why the issues cannot
be so determined. The request for hearing and the banking commissioner's
decision with regard to granting a hearing will be made a part of
the record.
(3) If a hearing is not requested or if a request for
hearing is denied, the banking commissioner will consider the application
in the manner set forth in and solely on the basis of the written
record established pursuant to subsection (e) of this section.
(4) The administrative law judge will enter appropriate
order(s) and conduct a hearing within 30 days after the date a hearing
is granted, or as soon thereafter as is reasonably possible, under
Chapter 9 of this title (relating to Rules of Procedure for Contested
Case Hearings, Appeals, and Rulemakings) and the Administrative Procedure
Act (Texas Government Code, Chapter 2001). The administrative law
judge may require submission of written and prefiled testimony. Evidence
will not be received on matters not in dispute. The administrative
law judge will not consider issues or evidence that are not relevant
to the standards set forth in subsection (e) of this section or that
are not supported by the application, response, or reply.
(5) A proposal for decision, exceptions and replies
to the proposal for decision, the final decision of the banking commissioner,
and motions for rehearing are governed by Chapter 9 of this title.
(h) Beginning operations. Any activity approved pursuant
to this section must commence within 18 months from the date of approval
unless the banking commissioner extends that date in writing. Approval
will automatically expire 18 months from the date of approval if no
extension is granted.
(i) Emergency branches. The banking commissioner may
authorize banks to establish temporary branch locations in the event
of an emergency as defined by the Finance Code, §37.001. The
procedures set forth in subsections (c), (d), (f) and (g) of this
section do not apply to:
(1) situations in which the banking commissioner has
authorized a temporary branch location because of an emergency; or
(2) branch applications made as a part of a transaction
for the purpose of assuming all or a portion of the assets and liabilities
of any financial institution deemed by the banking commissioner to
be in hazardous condition.
(j) Branch relocation. A bank may relocate a branch
within a one-mile radius by submitting a completed written notice
on a form prescribed by the banking commissioner and tendering the
required filing fee pursuant to §15.2 of this title. A bank may
relocate the branch beginning on the 31st day after the date the banking
commissioner receives the bank's notice or immediately after the banking
commissioner notifies the bank in writing that the required notice
is complete.
(k) Closing a branch. Before closing an approved branch,
a bank must comply with the notice requirements of federal law, and
provide the department with a copy of the branch closing notice filed
with the appropriate federal banking regulator simultaneously with
its filing. Once a bank closes a branch the bank cannot reopen the
branch except upon application for a new branch in compliance with
this section.
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| Source Note: The provisions of this §15.42 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective May 5, 2016, 41 TexReg 3099; amended to be effective January 2, 2020, 44 TexReg 8232 |
