|(a) Does this section apply to me? This section applies
if you applied for a new money transmission or currency exchange license
under Finance Code, Chapter 151, and you believe that the department
failed to comply with the application processing times specified in §33.13(e)
or (h) of this title (relating to Application for New License).
(b) May I file a complaint? Yes. If the department
does not process your application for a new money transmission or
currency exchange license within the time periods specified in §33.13(e)
or (h) of this title (relating to Application for New License), you
may file a written complaint with the banking commissioner. The complaint
must set out the facts regarding the delay and the specific relief
you seek. The department must receive your complaint on or before
the 30th day after the date the commissioner approves or denies your
(c) How will the banking commissioner evaluate my complaint?
(1) The department division responsible for complying
with the applicable time period must submit a written response to
the banking commissioner regarding your complaint that includes any
facts on which the division relies to show that good cause existed
for exceeding the applicable time period.
(2) The banking commissioner will review your written
complaint and the division's response. If the commissioner deems it
necessary, a hearing may be held to take evidence on the matter.
(3) The banking commissioner will determine, based
upon your complaint and the division's response, if the department
exceeded the applicable time period and, if so, whether the responsible
division established good cause for the delay.
(d) When will the banking commissioner notify me of
the decision? The banking commissioner will notify you of the decision
regarding your complaint on or before the 60th day after the date
the commissioner receives your written complaint. The commissioner's
decision is final and may not be appealed.
(e) What happens if the banking commissioner decides
in my favor? If the banking commissioner decides that the department
exceeded the applicable time period without good cause, the department
will reimburse you all of your application fees.
(f) Does the banking commissioner's decision regarding
my complaint affect the decision on my application? No. A decision
in your favor under this section does not affect any decision by the
banking commissioner to grant or deny your license application. The
decision to grant or deny your license application is based upon applicable
substantive law without regard to whether the department timely processed
|Source Note: The provisions of this §33.15 adopted to be effective May 18, 2006, 31 TexReg 3869; amended to be effective January 4, 2018, 42 TexReg 7581; amended to be effective November 7, 2019, 44 TexReg 6522