| (a) If ADR is not used or if it fails to resolve the
controversy, an applicant or other person aggrieved by the commissioner's
preliminary determination may appeal to the commission. In such a
case, the commissioner shall refer the matter to SOAH and will furnish
to the ALJ all statutes, rules and policies upon which the preliminary
decision, if any, was based. In preparing a PFD, the ALJ shall consider
this information along with the testimony and documentary evidence
presented at the hearing.
(b) Burden of Proof for Unprotested Applications. The
applicant must prove each of the statutory and regulatory requirements
for approval by a preponderance of the evidence.
(c) Burden of Proof for Protested Applications. The
applicant must prove each of the statutory and regulatory requirements
for approval by a preponderance of the evidence. In cases in which
field of membership is at issue, the protestant must establish by
a preponderance of the evidence that overlapping fields of membership
will unreasonably harm the protestant. For the purposes of this section,
to constitute "unreasonable harm" an overlap must threaten the protestant's
welfare and stability or its financial viability to such an extent
that it would adversely impact its safety and soundness as a credit
union.
|
| Source Note: The provisions of this §93.303 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective February 24, 2003, 28 TexReg 1633; amended to be effective July 11, 2010, 35 TexReg 5814; amended to be effective August 5, 2018, 43 TexReg 4965 |
