Ga. Comp. R. & Regs. R. 80-1-1-.04 - Notification of Filing and Protest

(1) Applicants will be notified of receipt of applications for filing unless the department issues an approval of the application within seven days of receipt. For bank charter applications, applicants will be notified of official acceptance of the application upon satisfaction of the elements in Rule 80-1-1-.02(3)(b). For a charter application pursuant to O.C.G.A. § 7-1-392 or merger application pursuant to O.C.G.A. § 7-1-532, the applicant shall cause a notice, in such form as the Department may prescribe, to be published in a newspaper of general circulation in the community in which the applicant's main office is located and in a newspaper of general circulation in any other community in which the applicant proposes to engage in business as notification to any interested parties of their right to comment or protest the application by delivering such comment or protest to the Department, unless otherwise provided in a rule or law pertaining to a specific transaction. The Applications Manual should be referenced for details regarding the publication requirements, if any, for other types of applications.

(2) Publication of notice for public comment on a bank charter application pursuant to O.C.G.A. § 7-1-392 or merger application pursuant to O.C.G.A. § 7-1-532 may commence no sooner than five (5) days prior to the date the application is mailed or delivered to the Department. Any person desiring to comment upon or formally protest a bank charter application must notify the Department in writing within 30 days of the date of the publication of the notice in paragraph (1). The comment period may be extended if official acceptance of a bank charter application is delayed. Any person desiring to comment upon or formally protest a merger or acquisition pursuant to O.C.G.A. § 7-1-532 as set forth in Rule 80-6-1-.05 must notify the Department within 30 days of the date of the publication of the notice in paragraph (1).

(3) All comments and any notices of intent to protest pursuant to paragraph (2) and filed on a timely basis shall be reviewed and considered by the Department. The Commissioner may grant or deny a request for hearing in connection with a protest of an application. The Commissioner shall hold a hearing if he/she determines that written comments are insufficient to make an adequate presentation of the issues raised or if he/she determines that a hearing would otherwise be in the public interest. If a hearing is to be held, the protester and the applicant will be notified of a date as established by the Department. Intention to appear at such hearing must be filed by the protester in writing with the Department within 15 days from date of notification of hearing date. Failure to file such intentions shall constitute grounds for canceling any scheduled hearing.

(4) Notwithstanding other provisions of this regulation, final determination to grant, conditionally or otherwise, or deny any application shall be in the sole discretion of the Commissioner of Banking and Finance or his/her legally authorized representative, and such action shall be final.

Notes

Ga. Comp. R. & Regs. R. 80-1-1-.04

O.C.G.A. §§ 7-1-7, 7-1-61.

Original Rule entitled "Sale of Money Orders at Non-Banking Outlets" was filed and effective on June 30, 1965. Amended: Rule repealed. Filed June 9, 1972; effective June 29, 1972. Amended: Rule entitled "Notification of Filing, Protest" adopted. Filed July 12, 1974; effective August 1, 1974. Amended: Filed July 13, 1981; effective August 2, 1981. Amended: Filed July 24, 1986; effective September 1, 1986, as specified by the Agency. Amended: F. Sept. 26, 1995; eff. Oct. 16, 1995. Amended: Rule retitled "Notification of Filing and Protest." F. Jul. 14, 1998; eff. Aug. 3, 1998. Amended: F. Jul. 12, 1999; eff. Aug. 1, 1999. Amended: F. July 7, 2021; eff. July 27, 2021. Amended: F. Dec. 16, 2021; eff. Jan. 5, 2022. Amended: F. July 12, 2024; eff. Aug. 1, 2024.