| applicable, statements
in the response and in the reply may be supported by references to
data available in sources of which official notice may properly be
taken. Comments received by the department and any replies of the
applicant to such comments will also be made available to the protesting
party.
(3) The banking commissioner may extend any time period
set forth in this subsection for good cause shown. Good cause includes,
but is not limited to, failure of the department to furnish required
documentation, forms, or information within a reasonable time to permit
its effective use by the recipient, or failure of a party to timely
serve a filed document on an opposing party. The filing date is the
date the document is actually received by the department and not the
date of mailing. Failure to timely file a required document is considered
an abandonment of the application or protest, as applicable. Rule
21a, Texas Rules of Civil Procedure, governs the methods and manner
of authorized service and the computation of time periods under this
subsection.
(g) Hearing.
(1) The banking commissioner may not be compelled to
hold a hearing prior to allowing or not allowing an additional office
to be established. In the exercise of discretion, the banking commissioner
may consider granting a hearing on a notice of additional office at
the request of either the filing trust company or a protesting party.
The banking commissioner may order a hearing even if no hearing has
been requested.
(2) A party requesting a hearing must indicate with
specificity what issues are 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. If a hearing is not requested
or if a request for hearing is denied, the banking commissioner will
consider the notice in the manner set forth in and solely on the basis
of the written record established pursuant to subsection (e) of this
section.
(3) If a hearing is granted, the administrative law
judge shall enter appropriate order(s) and conduct the hearing within
30 days after the date the hearing was 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). Issues will be limited to those on which testimony is absolutely
necessary, and the administrative law judge may require testimony
to be submitted in written form and prefiled. No evidence will be
received on matters that are not in dispute. No issues or evidence
will be considered that are not relevant to the standards set forth
in subsection (e) of this section or that are not supported by the
notice, response, or reply. A proposal for decision, exceptions and
replies to such proposal for decision, the final decision of the banking
commissioner, and motions for rehearing are governed by Chapter 9
of this title.
(h) Closing an additional office.
(1) Subject to paragraph (2) of this subsection, at
least 30 days prior to the date a trust company proposes to close
an additional office, the trust company shall file written notice
with the banking commissioner disclosing:
(A) the name and home office location of the trust
company seeking to close the additional office location;
(B) the street address of the additional office location
to be closed;
(C) the effective date of the proposed closing;
(D) evidence of distribution of written notice of closing
to all customers and account holders at least 45 days prior to the
proposed closing date;
(E) the place and street address of location where
records from the closed office will be transferred;
(F) a copy of the resolution adopted by the trust company's
board of directors authorizing the proposed closing of the additional
location; and
(G) such other information as the banking commissioner
may require.
(2) If the trust company must comply with notice requirements
of federal banking law applicable to closing a branch office, in lieu
of compliance with paragraph (1) of this subsection, the trust company
may provide the banking commissioner with a copy of the closing notice
filed with the appropriate federal banking regulator simultaneously
with its filing.
(3) Once the additional office has been closed, the
trust company may not reopen the additional office except upon notice
or application for a new additional office in compliance with this
section.
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| Source Note: The provisions of this §21.42 adopted to be effective July 2, 1998, 23 TexReg 6715; amended to be effective September 5, 2002, 27 TexReg 8203; amended to be effective January 2, 2020, 44 TexReg 8236 |
