(a) Form of application. An application to engage in
a business under the Finance Code, §32.003, must be filed on
a form prescribed by the banking commissioner.
(b) Notice to applicant. The banking commissioner shall
issue a written notice as required by §15.4 of this title (relating
to Required Information and Abandoned Filings) informing the applicant
either that all filing fees have been paid and the application is
complete and accepted for filing, or that the application is deficient
and specific additional information is required. If a protest is timely
filed, the department will notify the applicant of the protest.
(c) Action on applications. If an application is not
protested and if the banking commissioner has not ordered a hearing,
the banking commissioner shall approve or deny an application for
a state bank charter or an application for conversion of a financial
institution to a state bank on or before the 180th day after the date
the application is accepted for filing, unless extended by written
agreement between the applicant and the banking commissioner. If the
application is protested, the application will be acted on in accordance
with §15.10 of this title (relating to Protested Applications).
(d) Violation of Processing Times. If an application
is not protested or a hearing is not convened, an applicant may appeal
directly to the banking commissioner for a timely resolution of a
dispute arising from a violation of a processing period set forth
in this section. An applicant may appeal by filing a written request
with the banking commissioner on or before the 30th day after the
date the decision is made on the application, requesting review by
the banking commissioner to determine whether the established period
for the granting or denying of the application has been exceeded.
The decision on the appeal shall be based on the written appeal filed
by the applicant, any response by the department, and any agreements
between the parties. The banking commissioner may convene a hearing
to take evidence on the matter.
(e) Decision on Appeal. The banking commissioner shall
decide the appeal in the applicant's favor if the banking commissioner
determines that the time periods established in this section have
been exceeded and the department has failed to establish good cause
for the delay. The banking commissioner shall issue a written decision
to the applicant on or before the 60th day after the filing of an
appeal. If an appeal is decided in an applicant's favor, the department
will reimburse the application fee paid by the applicant. A decision
in favor of the applicant under this subsection does not affect a
decision to grant or deny the application based on applicable substantive
law without regard to whether the application was timely processed.
|
Source Note: The provisions of this §15.6 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective November 13, 1997, 22 TexReg 10955; amended to be effective July 10, 2008, 33 TexReg 5275; amended to be effective March 12, 2024, 49 TexReg 1457 |