| (k) Notification by banking commissioner. A notification
by the banking commissioner under this section may be sent by registered
or certified mail, return receipt requested, and is considered delivered
upon deposit in the United States mail postage prepaid, return receipt
requested, addressed to the applicant at the address furnished in
the application.
(l) Abandoned filing. The banking commissioner may
determine an application to be abandoned pursuant to §15.4 of
this title (relating to Required Information and Abandoned Filings).
(m) Hearing on application. The banking commissioner
will set an application for hearing on or before the 60th day after
notice is published as required by the Finance Code, §33.002(d),
and subsection (i) of this section. The notice of hearing must comply
with Government Code, §2001.051, and will state that the purpose
of the hearing is to give the applicant an opportunity to show that
it has met all required qualifications for the banking commissioner's
approval of the acquisition or change of control application. The
applicant has the burden of showing all required qualifications by
a preponderance of evidence. The hearing must comply with Government
Code, Chapter 2001 (the Administrative Procedure Act). After the hearing,
the banking commissioner will grant or deny the application based
solely upon the evidence presented at the hearing. An applicant may
not appeal the denial of an application or conditional approval of
an application until a final order is issued. If after a hearing is
held, the banking commissioner enters an order denying the application,
and the order has become final, the applicant may appeal the final
order by filing a petition for judicial review under the substantial
evidence rule in the District Court of Travis County, Texas, and not
elsewhere, as provided by the Finance Code, §33.004, and the
Government Code, Chapter 2001.
|
| Source Note: The provisions of this §15.81 adopted to be effective July 12, 1996, 21 TexReg 6073; amended to be effective November 13, 1997, 22 TexReg 10955; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective January 4, 2018, 42 TexReg 7580; amended to be effective January 2, 2020, 44 TexReg 8232 |
