| (a) Calculation of fees. A trust company shall pay
to the department a fee for examination, whether a regular or special
examination, or for an investigation in connection with an application,
calculated at a rate not to exceed $110 per examiner hour, to recoup
the salary expense of examiners plus a proportionate share of the
department's overhead allocable to the examination or investigation
function. The banking commissioner in the exercise of discretion may
lower the rate in connection with a specific examination or investigation
for equitable reasons, without the prior approval of the finance commission.
(b) Travel expenses. In connection with an examination
or investigation, a trust company shall reimburse the department for
actual travel expenses incurred, including mileage, public transportation,
food, and lodging, in addition to paying the fees set forth in subsection
(a) of this section.
(c) Payment due. Fees and expenses charged under this
section are due no later than the 30th day after a bill for fees and
expenses is submitted to the trust company. Failure to pay such fees
and expenses or file a request for hearing within the time period
may subject the trust company to enforcement proceedings.
(d) Dispute of fees and expenses.
(1) A trust company may dispute the amount of a bill
for fees and expenses assessed under this section by paying the amount
of fees and expenses that are undisputed and filing a written request
for hearing with the banking commissioner on or before the 30th day
after a bill for fees and expenses is submitted to the trust company.
If the trust company does not request a hearing in writing within
the time period allowed, the assessed fees and expenses are final
and nonappealable.
(2) A requested hearing must be held not later than
the 30th day after the date the request was received by the banking
commissioner unless the parties agree to a later hearing date. Each
party shall be given written notice by personal delivery or by registered
or certified mail, return receipt requested, of the date set by the
banking commissioner for the hearing not later than the 11th day before
that date. The hearing shall be conducted as provided by Chapter 9
of this title (relating to Rules of Procedure for Contested Case Hearings,
Appeals, and Rulemakings).
(3) After the hearing, the banking commissioner shall
affirm or modify the bill for fees and expenses by written order.
(e) Examination frequency. In general, the frequency
of examination by the department of a state trust company under Finance
Code, §181.105, will be determined in the manner described by
Commissioner Policy Memorandum Number 1004.
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| Source Note: The provisions of this §17.22 adopted to be effective March 12, 1998, 23 TexReg 2289; amended to be effective September 4, 2003, 28 TexReg 7348; amended to be effective January 2, 2014, 38 TexReg 9483 |
