| (a) Approval, conditional approval, or denial. Except
for expedited filings and applications for change of control governed
by Finance Code, §33.003, the banking commissioner will approve
or deny an application on or before a date that is 60 days after the
date the application is accepted for filing pursuant to §15.4
of this title (relating to Required Information and Abandoned Filings).
Provided, however, that the banking commissioner shall have the discretion
to extend the timeframe for processing any application, if one of
the conditions listed in §15.103(d) of this title (relating to
Expedited Filings) exists.
(b) Pre-decision hearing. The banking commissioner
may, in the exercise of discretion, before the expiration of the initial
period for decision provided by subsection (a) of this section, give
the applicant written notice that the banking commissioner will convene
a hearing to obtain evidence related to the application. Notice by
the banking commissioner suspends the specified period for approval
or denial of an application, and the banking commissioner will approve
or deny the application on or before a date that is 30 days after
the date the final proposal for decision resulting from the hearing
is provided to the banking commissioner and the applicant.
(c) Acceptance of conditional approval. The banking
commissioner may give the applicant written notice that the application
has been approved subject to certain conditions. The applicant must
provide the banking commissioner with written confirmation of acceptance
of the conditions on or before a date that is 10 days after the date
of notification to the applicant of the conditional approval. An agreement
between the applicant and the banking commissioner concerning conditional
approval is enforceable against the applicant. In the event an applicant
who has received conditional approval does not provide the banking
commissioner with written confirmation as required by this subsection,
consummation of the transaction constitutes confirmation of acceptance
of the conditions imposed by the banking commissioner and is considered
for all purposes an agreement enforceable against the applicant.
(d) Requests for hearing. An applicant may request
a hearing on or before a date that is 30 days after the effective
date of notice of denial or conditional approval of an application
under this subchapter by the banking commissioner. The request for
hearing must be in writing and state with specificity the reasons
the applicant alleges that the decision of the banking commissioner
is in error. The applicant has the burden of proof for each issue
specified in the request for hearing. The request for hearing and
the banking commissioner's decision to deny or condition the application
will be made a part of the record.
(e) Hearings on denial of applications. Requests for
hearing under this subchapter will be forwarded to the administrative
law judge who must enter appropriate orders and conduct the hearing
on or before a date that is 60 days after the date the request for
hearing was received, or as soon after that as is reasonably possible,
under Chapter 9 of this title (relating to Rules of Procedure for
Contested Case Hearings, Appeals, and Rulemakings) and the Government
Code, Chapter 2001. A proposal for decision, exceptions and replies
to the proposal for decision, the final decision of the banking commissioner,
and motions for rehearing are governed by Chapter 9 of this title.
An applicant may not appeal denial of an application or conditional
approval of an application until a final order is issued. After a
hearing and final order, the applicant may appeal the final order
as provided in the Finance Code, §31.202.
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| Source Note: The provisions of this §15.113 adopted to be effective September 15, 1997, 22 TexReg 8948; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779 |
