| (a) Required information. The banking commissioner
may investigate and evaluate facts related to a submitted filing or
accepted filing to the extent necessary to reach an informed decision.
The banking commissioner may require any person or entity connected
with the matter to which the submitted or accepted filing pertains
to submit additional information, including, but not limited to, an
opinion of counsel with respect to a matter of law or an opinion,
review or compilation prepared by a certified public accountant.
(b) On or before the 15th day after initial submission
of an application, the banking commissioner shall issue a written
notice 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.
(c) Time limit for providing required information.
An applicant must provide all information necessary for the banking
commissioner to declare that a submission is an accepted filing, whether
the information is required by form or rule or is requested by the
department. The information must be provided to the department on
or before the 61st day after the date of initial submission of the
filing, except as otherwise provided by law. Upon a finding of good
and sufficient cause, the banking commissioner shall grant an applicant
additional time to complete the application. Extensions will be communicated
to the applicant before the expiration of the filing period.
(d) Abandoned filing. The banking commissioner may
determine any submitted or accepted filing to be abandoned, without
prejudice to the right to refile, if the information required by the
Finance Code, this chapter, or any rule or regulation adopted pursuant
to the Finance Code, or additional requested information, is not furnished
within the time period specified by subsection (c) of this section
or as requested by the department, in writing, to the person or entity
making the submission. The banking commissioner may determine a submitted
or accepted filing, for which additional fees or costs are required
by the Finance Code or by this chapter to be abandoned if those amounts
are not paid by the deadline stated by the department, which shall
be at least 14 days from the date the deadline is communicated in
writing to the applicant.
(e) Notice. The banking commissioner shall give written
notice of any submitted or accepted filing considered to be abandoned.
Notice of abandonment shall be effective upon mailing by the department.
Fees paid related to an abandoned filing are nonrefundable.
|
| Source Note: The provisions of this §15.4 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective February 14, 1997, 22 TexReg 1311; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective September 4, 2014, 39 TexReg 6824; amended to be effective March 12, 2024, 49 TexReg 1457 |
